Duck Feed Sales Contract
Exhibit
10.7
Party A: Weifang Jinzheng
Poultry Co., Ltd.
Party
B:
Party A
and B, through friendly negotiation, have reached the
following agreement:
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Clause 1
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Name,
Specification and Quantity
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Three
types of feedstuff for meat duck: NO.1, NO.2 and NO.3, in bags of kg
each.
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Clause 2
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Terms
of Delivery and Transportation
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Party B
shall be responsible for the delivery and transportation of the products and all
expenses incurred thereof shall be borne by Party B.
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Clause 3
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Payment
Terms
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Advance
payment shall be applied in this contract. Party B shall pay no less than
RMB
to Party A in advance for each delivery. Each delivery constitutes
a deduction to the advance payment; Party B shall reimburse the difference when,
following deductions to the advance payment, the paymentfails to cover any
further deliveries on order. The prices of the feedstuff shall be fixed to the
equivalent manufacturer’s price.
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Clause 4
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Demurring
on Product Quality
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1.
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If
there is any incompliance with regards tothe type, specification and
quality of the products during the product inspection, Party B shall
produce a written document bringing to light its
dissentiencewithin 2 days of discovery whilst simultaneously
ensuring such products remain unmarketed and are taken care of
in an appropriate manner
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2.
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On
delivery the product shall be regarded as having complied with
the contract in case Party B fails to file the written dissidence within
specified period.
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3.
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Party
B shall not claim there has been a quality decline if this is due to
inappropriate use, keeping and maintenaning of work and
equipment.
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IX、O-1-2
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4.
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After
the receipt of the written dissidence from party B, Party A shall solve
the stated problems within 10 days (unless otherwise provided herein
or negotiated by parties hereof), or it shall be construed as
automatic approval of the dissidence and advice of Party
B.
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Clause 5
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Rights
and Obligations
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1.
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Party
A shall ensure that all purchasing orders will be performed in a timely
manner and shall inform Party B of the contracting duck-raisers and
the production volume. Party A shall pay the liquidate damages of 5%
equivalent to the value of the undelivered goods in the
event that Party A fails to meet the delivery
date.
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2.
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The
payment of Party B shall be taken appropriate care of by Party A and shall
not be appropriated for other
purposes.
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3.
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Party
A shall pay indemnity to Party B for the damage caused by quality defects
of the products.
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4.
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The
feedstuff procured by Party B shall be specifically and sufficiently
supplied to the contracting duck-raisers and shall not be available for
sale without prior written approval of Party
A.
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5.
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In
the case of returned of goods, Party B shall reimburse Party A by
paying a breach penalty of 5% of the worth of the returned
goods.
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Clause 6
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Term
of Contract
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The
contract shall be valid and remain in force for 1 year from[ ]
to [ ].
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Clause 7
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Force
Majeure
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|
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1)
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A
“Force Majeure Event” means any event which is out of the control of each
party and that would be unavoidable or insurmountable even if the party
affected by such event paid reasonable attention to it. Force Majeure
Events shall include, but not be limited to, government actions, natural
disasters, fire, explosion, typhoons, floods, earthquakes, tide, lightning
or war. However any lack of credit, assets or financing shall not be
deemed a Force Majeure Event.
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2)
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In
the event that either party fails to perform their contracted obligations
as a result of a Force Majeure Event, the subsequent party affected by
the Force Majeure Event shall notify the other party within good
time of the occurrence. It is permissable to prolong the performance
of the obligations under this contract or the contract is allowed
to remain partially or entirely unperformed upon the
certification of the Force Majeure Event from the competent
authority, and the affected party shall be relieved of all or part of
their obligations inaccordance with the actual
situation.
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IX、O-1-3
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Clause 8
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Miscellaneous
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Any
monetarypenalty for breach of contract, damages, compensatory damages, custody
and maintenance costs and further loss or damage shall be paid within ten days
proceeding the established liability, failure to meet payment within ten
days will result in the matter being handled as an overdue payment. No party may
unilaterally withhold delivery of goods or withhold payment for goods as an
offset.
All
disputes in connection with or during theexecution of this contract shall be
settled through amicable negotiations. If these negotiations fail, the
two parties agree to submit the dispute to be resolved at Shouguang
Arbitration Commission.
Clause
9 This
Contract is executed in two originals, one for each party, effective as of
the signing and sealing date. During the period of validity, this contract
shall not be changed or terminated. Any matter which is not covered in this
Agreement can be stated in a supplementary agreement, which shares the same
legal effect as this contract.
Party A: Weifang Jinzheng
Poultry Co., Ltd.
Representative:
Junfeng Shan
Address:
Daokou Industrial Zone, Yingli Town, Shouguang
Tel:
0000000
Party
B:
Representative:
Address:
Tel:
DATED
DD/MM/YY
