Guangzhou New Baiyun Airport Bus Waiting Area Electronic Light Box Advertising Contract [TRANSLATED VERSION]
Exhibit
10.1
Guangzhou
New Baiyun Airport Bus Waiting Area Electronic Light Box Advertising
Contract
[TRANSLATED VERSION]
PARTY A:
|
Guangzhou Chuangrun Advertising Company Limited |
Address:
|
000 Xxxxx Xxx Xx Xx Xxxxx, Xxxxx 0000, Xxxxxxxxx |
Contact: | Xxx Xxxxxxxx |
Tel: | 000 00000000 |
Fax: | 000 00000000 |
PARTY A:
|
Xxx Xxxxx Xxxx Xxx Advertising Company Limited |
Address:
|
00 Xxxx Xxx Xxxxx Xx, Xxx Xxxx Building 2/F, Room C18-19, Guangzhou |
Contact: | He Xxx Xxx |
Tel: | |
Fax: |
Advertising
Project and Pricing:
Location:
|
Guangzhou New Baiyun Airport A and B Bus Waiting Areas |
Period:
|
May 1, 2005 to April 30, 2005 |
Number: |
Total
30 double-sided scrolling light boxes, with 12 posters
per box, total 360
posters.
|
Price: | RMB 30,000 per poster per month |
Discount: | 60% |
Net: |
RMB 12,000 per poster per month
RMB 144,000 per poster per year
|
Note: | The above pricing include the cost of producing the first poster |
Currency: | Renminbi (by check) |
Payment
Schedule: (Party B shall pay Party A according to the following terms
and
conditions):
1. |
Party
A warranties that within 20 days of this contract, when 30%
of the posters
are up, the Party B shall pay Party A a 10% Contract Fulfillment
Guarantee, i.e. RMB 5,184,000 (Five Million One Hundred and
Eighty Four
Thousand RMB).
|
2. |
Within
one month after the start of putting up the posters, Party
B shall pay
Party A the remaining 90%, i.e. RMB 46,656,000 (Forty Six Five
Million Six
Hundred and Fifty Six Thousand RMB).
|
3. |
At
the end of the contract, Party B shall pay whatever is
left.
|
Party
A: Guangzhou
Chuangrun Advertising Company Limited
Representative:
|
/s/
Xxx Xxxxxxxx
|
April 5, 2005 |
Party
B: Xxx
Xxxxx
Xxxx Xxx Advertising Company Limited
Representative:
|
/s/
He Xxx Xxx
|
April 5, 2005 |
Common
terms and conditions:
1.
Late
payments apply; late payments shall equal 0.05% per day according
to the
advertising rate. If Party B is late by a month, Party A can stop
installing
posters or take posters down.
2. Party
B
shall provide the following documents concerning the posters:
(i) |
Business
license and other manufacturing, operating
permit;
|
(ii) |
Documents
from the Quality Bureau concerning the quality of the
merchandise;
|
(iii) |
Documents
concerning the accuracy of the
advertisement;
|
(iv) |
If
the poster requires administrative approval, the approval
documents.
|
3. Refusal
of Advertise
Party
A
has the right to examine the contents of the advertisements. If there
are areas
where they are not in accordance to <the Advertising Law> or any other law
or regulation or the Airport’s demand; then Party A can request Party B to
modify the advertisement. If Party B refuses, then Party A can refuse
to install
the poster, in such case, Party B is responsible for the damages.
4. Cost
of
Posters
Party
B
shall deliver design to Party A 5 days before the date of the advertisement,
then 3 days after Party A notifies Party B of approval, Party B shall
deliver
design MO to Party A, Party A shall pay for production of the first
poster.
5. Changing
Posters
If
Party
B has to notify Party in writing concerning the change of a poster,
and deliver
a new design, and all required documentations.
6. Used
Posters
Party
B
has to notify Party A if it desires to take back the used posters,
Party A shall
only keep used posters for 2 weeks.
7. Maintenance
Party
A
is responsible or all day to day maintenance of the posters. If damages
occur as
a consequence of Party A’s negligence, then Party A shall be responsible for no
more than the original production cost of the poster.
8. Extension
of Responsibility and Compensation
(i) |
If
Party A can not install advertisements on schedule, then it
should
continue to carry out the contract when it is capable of doing
so.
|
(ii) |
If
Party B can not provide Party A with the necessary electronic
material
causing delay, then Party A is entitled to the fees according
to this
contract, without compensation to Party
B.
|
9. Force
Majeure
If
due to
war, rebellion, disaster, explosion, strike, and other unforeseeable
problems,
then is either side can not fulfill this contract, there is no
responsibility.
10. Dispute
Resolution
If
there
are disputes, either side can take the other side to court.
11.
If it
is Party A’s responsibility that causes a delay in Party B, Party A shall pay
compensation equal to 0.5% per day of the cost of advertising.
12.
If
the above delay exceeds a week, then Party B is entitled to the whole
amount.
13.
Extension of Contract
Party
has
the first right to extend this contract under the same conditions.
There
are
2 copies of this contract, Party A and Party B holds one each. Any
other matter
not covered in this contract can be covered by future
appendices.