Sample Form of Contract for Commissioned Manufacturing of [ ] Parts
Sample
Form of Contract for Commissioned Manufacturing of [ ]
Parts
No.
of
Contract:
Shenzhen
Hyper Technology Incorporation
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Add.:
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Xx.
000 Xxxxx X, Xxxxxxxx Xxxxxxx Park,
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Postcode
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518038
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Hongmian
Road
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Futian
Free Trade Zone, Shenzhen
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Tel:
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Fax:
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0000-00000000
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Party
B
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Postcode
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Tel:
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Fax:
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After
friendly negotiation, Party A and Party B agreed to execute this Contract,
under
with Party A will commission Party B to manufacture the [ ] parts used
in
[ ] according to
the drawings provided by Party A.
1. Contract
object and amount:
Party
B
would manufacture the following products according to the drawings provided
by
Party A:
No.
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Name
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Drawing
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Quantity/set
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Total(__sets)
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___
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___
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___
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___
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The
currency amount for a single set is RMB . The contract
total amount is RMB , including the
transportation cost and tax.
1
2. Date
and
place of delivery
1) Party
A
shall notify Party B the manufacturing plan for the necessary products one
month
in advance, and would pay in advance 80% of the total amount as planned. Party
B
shall provide qualified products to Party A within one month.
2) After
both parties take a joint acceptance the check of the products at the location
of Party B according to the drawings and technical requirements provided by
Party A, it is Party B's responsibilities of to transport the products to the
place designated by Party A. The transportation cost shall be paid by Party
A.
3. Payment
The
remaining payment shall be paid within one week after the products have been
qualified at acceptance inspection and picked up., Party B shall issue a formal
value-added tax invoice with Party A as beneficiary within one week after it
receives the payment.
4. Technical
materials
Party
B
shall keep confidential the drawings and technical documents provided by Party
A, and shall not be allowed to disclose the same to any third party by any
way.
in addition, after competition of manufacturing all the products, Party B shall
return all the drawings and technical documents to Party A.
5. Quality
requirements and inspection acceptance of products
1) Party
B
must prepare the materials required in the drawings for the manufacturing the
products, and make sure that the product can meet the quality requirements
in
the drawings, and provide relevant product quality certificate after products
are qualified at check. At the time of delivery, both parties shall take a
joint
acceptance inspection according to the drawings and technical requirements
provided by Party A.
2
2) Party
B
offers a warranty period of 12 months for the products manufactured. The
warranty period
starts from the date the products are qualified at the acceptance inspection
by
Party A. If there are any quality problems occurs with regarding to the
processing or defect of the materials within the warranty period, Party B shall
repair or change on time, the cost shall be undertaken by Party B.
6. Package
and transportation
1) Party
B
shall be responsible for the proper packing of the products as well as the
cost
of packing.
The packing should be well enough so that the products wouldn't be damaged
during the
transportation, and Party B shall be charged for any loss due to improper
packing during transportation.
2) Party
B
shall be responsible for the transportation. Party B shall transport the
products safely to the designated place, and the transportation cost shall
be
borne by Party B.
7. Liability
for breach of contract
1) If
Party
B delays in delivery, for each 10 days' delay, Party B should pay 2%
of
total
delayed amount as penalty. For delay up to 2 month, Party A has the right to
terminate the contract, and request Party B to return all the paid payment
and
pay penalty. Any delay due to manufacturing quality shall be deemed as delay
for
delivery by Party B.
2) If
Party
A delays in payment, for the delayed amount, Party A should pay Party B fines
according to the related regulations of the People's Bank of China.
3) I
the
delay is because of the design problems of Party A, it shall be the of Party
A's
responsibility and the date of delivery can be delayed accordingly.
3
8. Arbitration
Any
disputes arising from the implementation of the contract shall be resolved
through friendly negotiation between the parties. If negotiation fails to
resolve the disputes, either party is entitled to file a suit to the People's
Court of the place where the contract has been executed..
9. Appendix
of contract
There
is
one appendix of the contract, which is a very important part of the contract
and
holds the same legal force as the contract itself.
Appendix
1: Product design drawings.
10. Contract
wording
This
contract has four (4) original copies, which shall be effective after being
sealed by both Parties and being executed by the legal representatives or
authorized agents of both Parities. Each Party shall keep two (2) copies of
this
contract.
Party
A: Shenzhen Hyper Technology Incorporation
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Party
B:
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Representative:
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Representative:
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Date:
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Date:
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4
Appendix 1:
[Product
Design Drawings]
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