Contract
Party A:
Shandong Longkang Juice Co., Ltd.
Party B:
Nijiadian Li Xuezhang
In order
to develop pollution-free base and guarantee the interests of the enterprise and
farmers, after a complete negotiation of both parties, this contract is hereby
made on the basis of mutual benefits to protect both parties legal rights and
obligations. Both parties should obey the following terms:
Ⅰ The areas and
uses of the base:
Party B
provides good quality pear garden of 1800 mu to Party A for the development of
pollution-free raw materials base.
Ⅱ Agreed
period:
Period is
5 years which is from Sep. 1th, 2009
toAug. 31th,
2014.
Ⅲ Quality
requirement of the raw fruits: The pears supplied should be picked by workers.
The maturity should be above 80%. The diameter of the fruits should be above
45mm. No flaws such as hydrophthalmia, crack, moth-eaten damage, beaten damage
and rotten damage etc. Leaves, weeds, sand and stones mixed are prohibited. The
rate of rotten fruits should be below 5%, otherwise Party A is entitled to
refuse the delivery.
Ⅳ The rights and
obligations of Party A:
1 Party A
purchases all the qualified raw materials with the minimum guarantee price (the
minimum guarantee price is 750 Yuan/ton). When the market price is above the
minimum guarantee price, then market place is taken, and the amount of the raw
materials should be settled up without delay. If Party A and Party B have
cooperated for more than 5 years, the unit price of the qualified raw fruits
will be increased 20 Yuan per ton.
1 Party A
is responsible for sending technical managers freely for technical guidance and
follow-up service during the production process.
2 Party A
is entitled to confirm the acreages of the base.
3 Party A
is entitled to refuse the 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 When
purchase season comes, according to the purchase standard of the company,
discount will be made according to the quality of the raw
materials.
ⅤThe rights and
obligations of Party B:
1 Party B
should guarantee the acreage of the base and provide all the qualified products
to Party A without loss and export. Party B should not purchase the materials
from elsewhere served as the raw materials of base, otherwise Party A would stop
paying and cancel the contract. Party B is liable for the loss caused to Party
A.
2 Party B
should manage the production according to the pollution-free agricultural
products production and management technique. Party B should accept management,
supervision and inspection from Party A.
3 Party B
is ought to protect the surrounding environment and the water recourses and
guarantee the products of the base will not be polluted. If pesticides are
inspected having left in the saplings, trees, and fruits of the base, Party A is
entitled to refuse. Loss caused by it should be bared by Party B.
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 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.
Ⅸ This contact is
in duplicate and ach party retains one copy. The contract shall come into effect
since the date it is signed.
Signature
of Representative from Party A: Xxxx Xxxxxx
Signature
of Representative from Party B:Li Xuezhang
Jan.
7th,
2007 Aug.20th,
2007
