JIANGXI LEIBOTAI E-TECH CO.,LTD. Purchase agreement
Exhibit 10.11
JIANGXI LEIBOTAI E-TECH CO.,LTD.
Contract number:NO 20210158
Party A(The buyer):JIANGXI LEIBOTAI E-TECH CO.,LTD
Country of Registration:
Registered address:Yibo Industrial Park, no. 756, Photovoltaic Road, Xinyu High-tech Development Zone, Jiangxi Province
Party B(The supplier):Hubei DingLong Co., Ltd
Country of Registration:
Registered address:XX.0 Xxxxxxxxxx Xxxx, Xxxxx Xxxxxxxx Xxxxxxxxxxx Xxxx, Xxxxx Xxxxxxxx, Xxxxx
Signing date:01/01/2021
Pursuant to the contract laws and regulations of the People’s Republic of China, the Party A and the Party B, on the basis of equality through negotiations, have reached an agreement with respect to the matter that the purchase of raw materials between them, and hereby execute this Contract.
I、 Regulations on the name, variety, specification, and craftsmanship of the ordered product
Serial number | name | variety | specification | Purchase scale | craftsmanship |
1 | Color Toner | ||||
2 | |||||
3 | |||||
4 |
Both parties shall confirm the written order for each transaction after reaching an agreement. The order shall prevail If the product name, variety, specifications, and craftsmanship specified in the order agreed by both parties to the transaction are inconsistent with the above table.
II、Measurement method, quantity and price of the ordered products
Products shall be priced in quantity and the quantity and price shall be subject to the order mutually agreed upon by both parties during the transaction.
III、 Product quality requirements
1、Product quality shall be subject to the relevant national standards or industrial standards of the People’s Republic of China. The quality standard signed by both parties shall prevail after the acceptance of the samples confirmed by both parties.
2、The Supplier shall produce and supply the products in strict accordance with the quality and technical specifications requirements which is approved by the Demander. Without the prior written consent of the Demander, no changes shall be made to the products.
IV、Packaging requirements
1、 The product packaging provided by the Supplier shall be able to protect the product from damage during transportation and storage.
2、The supplier shall compensate the demander based on the actual quantity or amount of damage to the product caused by improper packaging and the loss caused thereby.
3、The supplier shall ensure that the packaging is intact before the demander opens the box for inspection. Otherwise, the resulting loss of quality or quantity of goods shall be borne by the supplier..
V、 Delivery and transportation
1、The place of delivery is the place designated by the buyer. The goods shall be delivered to the consignee designated by the buyer and signed for. The supplier shall be responsible for the transportation, loading and unloading of the product, and the risk of transportation, insurance, warehousing, loss and damage of the goods incurred during the transportation of the product shall be borne by the supplier.
2、If the place designated by the purchaser and the consignee changes, the supplier shall be notified in advance in writing.
3、 The delivery date is subject to the regulations of the specific order. The supplier shall deliver on time and quality according to the delivery time and quantity specified by the demander. If the supplier fails to notify the buyer to pick up the goods in time, it shall be deemed as delayed delivery.
4、After receiving the goods, the Demander shall conduct inspection and acceptance according to the quality standards determined by both parties. If there is any product that does not meet the quality standards, the two parties shall negotiate and deal with it.
5、If Party B is unable or estimated to be unable to deliver all or part of the goods on time, Party B shall notify Party A of the corresponding reason and estimated delivery date within 1 working day after knowing the relevant abnormal situation, and determine the follow-up treatment plan according to Party A’s requirements.
VI、 Payment method and Payment term
1、The Demander shall pay the supplier according to the agreed accounting period, and the settlement shall be made once a month. From the 10th to the 15th of each month (holidays are postponed), the payment due last month shall be paid by bank transfer, and the settlement currency shall be RMB.
2、The supplier shall issue legally valid invoices with the correct output tax rate within the time agreed by both parties in accordance with the provisions of the tax law.
The bank account of the supplier:
Bank name:
Account Name:
Account No. :
VII、To raise objections to the variety, quantity and quality of the products
1、Any objection to the product variety and quantity shall be raised at the time of delivery of the goods. For the quantity shortage in the FCL, the Demander can feed back to the Supplier to supplement it during use.
2、 Any objection to product quality shall be raised within 2 weeks after product handover and shall be remedied by the supplier. The inspection performed by the buyer on the supplier’s products does not relieve the supplier of its responsibility for product quality.
3、 The buyer shall have the right to return the goods if it determines that the supplier’s products have quality problems. The payment for goods, freight and other expenses incurred due to the return of goods shall be borne by the Supplier.
VIII、Applicable law
The Contract shall be governed by the laws of the People’s Republic of China.
IX、Dispute Resolution
Any dispute between Party A and Party B arising out of or in connection with this Contract shall be settled by both parties through negotiation in a timely manner. In case no agreement can be reached through negotiation, such dispute shall be settled by the court having jurisdiction over this Contract.
X、Responsibility for breach of contract
If either party breaches this contract and causes damage to the other party, the injured party shall have the right to claim compensation for the loss suffered by the other party.
XI、Force majeure
1、If the party delays or fails to perform its obligations under this contract due to unforeseen circumstances on the date of signing this contract and circumstances beyond the reasonable control of any party, the party shall not be deemed to have violated this contract, nor Should be regarded as a breach of contract and assume responsibility for the other party, the performance period of the relevant obligations can be extended accordingly. These situations include but are not limited to natural disasters, building destruction, wars, riots, fires, explosions, floods, and government or industry actions.
2、If there is a delay or failure to perform the obligations of this contract due to the above circumstances, the other party shall be notified immediately, and reasonable efforts shall be made to minimize the impact of the above circumstances on the performance of the obligations, and the other party shall be notified immediately after the above circumstances are over, Continue to fully perform the obligations stipulated in the contract.
XII、Intellectual Property
The supplier guarantees that the product does not have intellectual property defects; the trademark, patent and other intellectual property rights used by the product are the intellectual property rights legally owned or used by the product. The supplier guarantees that the buyer will not be accused by any third party of infringement of intellectual property rights due to the purchase and use of its products, and the buyer shall not bear any legal liabilities arising from the use of raw materials and products provided by the supplier. If the buyer suffers any allegations of intellectual property rights brought by a third party, the supplier shall compensate its losses in full, including but not limited to litigation fees, arbitration fees, attorney fees, investigation and evidence collection fees, notary fees, transportation fees, travel expenses, any fees charged by the three parties, the compensation claimed by the third party and other reasonable expenses incurred accordingly.
XIII、Termination
If either party fails to continue to perform the Contract due to breach of contract, the non-breaching party may terminate the Contract and all fees shall be settled within 7 days upon termination of the contract.
XIV、Validity Period
This contract shall come into force upon being signed and sealed by both parties and shall remain valid for two years. If Party A still has outstanding balance on the agreed expiration date of this Agreement, this Agreement will continue to be valid and will be officially terminated after all payments are settled.
Within one month prior to the expiration of the term of this contract, both parties may negotiate to renew this contract.
XV、Confidentiality
Without prior consent of Party A, Party B shall not directly and/or indirectly disclose, divulge, transfer, license or otherwise provide Party A’s Confidential Information to any third party. If it is necessary to disclose Confidential Information in accordance with relevant legal, judicial or administrative procedures, Party B shall notify Party A within a reasonable time prior to the disclosure of such Confidential Information and shall cooperate with Party A to take appropriate and effective measures to avoid or limit the disclosure of such Confidential Information in accordance with the law.
XVI、Text
This contract is made in two originals, with one held by each party and both originals shall be equally authentic.
XVII、Others
Party B shall have legal business qualifications and shall be responsible for providing legal business certificates. Party B shall not violate relevant national laws and regulations during the supply process, and Party A shall be liable for any violation of such laws and regulations
XVIII
Anything not covered herein shall be agreed upon in a supplementary agreement signed by both parties separately.
This page has no main text, it is the signature page of “JIANGXI LEIBOTAI E-TECH CO.,LTD Purchase agreement
Party A (Demander):
Company Name (Seal): JIANGXI LEIBOTAI E-TECH CO.,LTD
Company Address: Yibo Industrial Park, No. 756, Photovoltaic Road, Xinyu High-tech Development Zone, Jiangxi Province.
Legal representative: Xxxxxx Xxxx
Entrusted Agent:
Party B (Supplier) :
Company Name (Seal):Hubei DingLong Co., Ltd.
Company Address: 0 Xxxxxxxxxx Xxxx, Xxxxx Economic Development Zone, Hubei Province, China.
Legal representative:
Entrusted Agent: