Customer Agreement
Customer
Agreement
1.
Parties
to the Agreement:
Party
A: Guizhou Baite Pharmaceutical Co., Ltd.
Party
B: Guizhou Yibai Pharmaceutical Co., Ltd.
In
a bid
to better develop markets, expand sales, and set up a cooperation relationship
featuring equality and mutual benefit, through amicable talks, the two parties
have reached a regional agency sales agreement as follows, pursuant to the
Contract Law of the People’s Republic of China:
2.
Contract
provisions:
1)
Product and policy of agency:
|
Product
Name
|
Specification
|
Package
|
Tax-inclusive
Agency Price
|
Target
of Annual Sales
|
Remarks
|
|
Ampicillin
|
24
capsules/pack
|
200
packs/carton
|
2.5
yuan/pack
|
20,000
cartons
|
2)
Forms
of agency:
Party
B
distributes the said product within the authorization of Party A.
3)
Sales
target:
Party
B
shall accomplish an annual sales of: Renminbi ten million yuan (RMB 10,000,000
yuan)
4)
Method
of settlement: settlement in cash upon delivery
5)
The
annual sales volume shall be no less than 20,000 cartons
6)
Punishment: upon the expiry of the agreement, if Party B fails to meet the
annual sales and payment collection targets, Party A will terminate this
agreement.
7)
Invoice and tax issues: Party A shall provide tax receipts at the agency price
to Party B, the date of issuance shall be the day 1-25 per month.
8)
Freight: Party B shall bear the cost of transportation for delivery.
9)
Principles of product replacement and return
Where
quality problems are found with products provided by Party A, Party A shall
provide product replacement and return service unconditionally. And Party B
shall be responsible for the costs and losses arising from product replacement
and return caused by other situations.
10)
Product inspection: in case of spot inspection carried out by provincial or
municipal government, the cost of inspection shall be born by Party B, and
the
samples shall be provided by Party B.
11)
Obligations of the two parties
i.
Party
A:
a)
Party
A shall guarantee the quality and quantity supplied of the product, otherwise
the economic losses of Party B caused thereupon shall be repaid in full amount
of losses by Party A.
b)
Party
A shall provide other materials than those for promotion purposes (to be
designed, modified by and printed at the cost of Party B) to Party B.
ii.
Party
B:
a)
Party
B shall not use the name of Party A to carry out other business activities
or
matters irrelevant to the promotion and sale of the product, and Party B has
the
obligation to maintain the company image and business secrets of Party A.
b)
Party
B shall sign a product delivery contract before the delivery, which Party A
shall take as the basis in processing deliveries. Party B shall provide a
delivery plan for the next month to Party A on the tenth day of each month,
otherwise any impact caused thereupon shall be born by Party B.
12)
Validity term of contract:
This
contract is valid for one year, i.e. from September 5, 2005 to September 5,
2006.
3. Responsibilities
of contract breach: the party in breach of the contract shall bear the economic
and legal liabilities caused by the breach.
4. Contract
termination: this contract shall be terminated automatically upon the expiry.
In
case of contract renewal, Party B enjoys the preemptive right under the same
condition. Under the condition that Party B has fulfilled the sales target,
Party B has the right to renew the contract for the next year with Party A
directly.
5. This
agreement comes into effect once signed and is made out in duplicate, with
each
of the two copies bearing the same legal effect.
6.
The
two
parties shall hold talks to solve unstated matters.
7.
Place
of
contract signing: Guiyang City
Party
A
(seal): Special Seal for Contract of Guizhou Baite Pharmaceutical Co., Ltd.
Address:
Bank:
A/C
No.:
Tel:
Representative:
Zhang Xu
September
5, 2005
Party
B:
Special Seal for Contract of Guizhou Yibai Pharmaceutical Co., Ltd.
Address:
Bank:
A/C
No.:
Tel:
Representative:
Xxxx Xxxxxxxx
September
5, 2006
8.
Parties
to the Agreement:
Party
A: Guizhou Baite Pharmaceutical Co., Ltd.
Party
B: Guizhou Yibai Pharmaceutical Co., Ltd.
In
a bid
to better develop markets, expand sales, and set up a cooperation relationship
featuring equality and mutual benefit, through amicable talks, the two parties
have reached a regional agency sales agreement as follows, pursuant to the
Contract Law of the People’s Republic of China:
9.
Contract
provisions:
1)
Product and policy of agency:
|
Product
Name
|
Specification
|
Package
|
Tax-inclusive
Agency Price
|
Target
of Annual Sales
|
Remarks
|
|
Cold
and cough syrup
|
100ml
|
60
bottles/carton
|
4.0
yuan/bottle
|
6
Million bottles
|
2)
Forms
of agency:
Party
B
distributes the said product within the authorization of Party A.
3)
Sales
target:
Party
B
shall accomplish an annual sales of: Renminbi 24 million yuan (RMB 240,000,000
yuan)
4)
Method
of settlement: settlement in batch
5)
The
annual sales volume shall be no less than 20,000 cartons
6)
Punishment: upon the expiry of the agreement, if Party B fails to meet the
annual sales and payment collection targets, Party A will terminate this
agreement.
7)
Invoice and tax issues: Party A shall provide tax receipts at the agency
price
to Party B, the date of issuance shall be the day 1-25 per month.
8)
Freight: Party B shall bear the cost of transportation for delivery.
9)
Principles of product replacement and return
Where
quality problems are found with products provided by Party A, Party A shall
provide product replacement and return service unconditionally. And Party
B
shall be responsible for the costs and losses arising from product replacement
and return caused by other situations.
10)
Product inspection: in case of spot inspection carried out by provincial
or
municipal government, the cost of inspection shall be born by Party B, and
the
samples shall be provided by Party B.
11)
Obligations of the two parties
i.
Party
A:
a)
Party
A shall guarantee the quality and quantity supplied of the product, otherwise
the economic losses of Party B caused thereupon shall be repaid in full amount
of losses by Party A.
b)
Party
A shall provide other materials than those for promotion purposes (to be
designed, modified by and printed at the cost of Party B) to Party B.
ii.
Party
B:
a)
Party
B shall not use the name of Party A to carry out other business activities
or
matters irrelevant to the promotion and sale of the product, and Party B
has the
obligation to maintain the company image and business secrets of Party A.
b)
Party
B shall sign a product delivery contract before the delivery, which Party
A
shall take as the basis in processing deliveries. Party B shall provide a
delivery plan for the next month to Party A on the tenth day of each month,
otherwise any impact caused thereupon shall be born by Party B.
12)
Validity term of contract:
This
contract is valid for one year, i.e. from September 5, 2005 to September
5,
2006.
10. Responsibilities
of contract breach: the party in breach of the contract shall bear the economic
and legal liabilities caused by the breach.
11. Contract
termination: this contract shall be terminated automatically upon the expiry.
In
case of contract renewal, Party B enjoys the preemptive right under the same
condition. Under the condition that Party B has fulfilled the sales target,
Party B has the right to renew the contract for the next year with Party
A
directly.
12. This
agreement comes into effect once signed and is made out in duplicate, with
each
of the two copies bearing the same legal effect.
13.
The
two
parties shall hold talks to solve unstated matters.
14.
Place
of
contract signing: Guiyang City
Party
A
(seal): Special Seal for Contract of Guizhou Baite Pharmaceutical Co., Ltd.
Address:
Bank:
A/C
No.:
Tel:
Representative:
Zhang Xu
September
5, 2005
Party
B:
Special Seal for Contract of Guizhou Yibai Pharmaceutical Co., Ltd.
Address:
Bank:
A/C
No.:
Tel:
Representative:
Xxxx Xxxxxxxx
September
5, 2006
