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TO: Every Supplier
FM: Jinjia Color Printing Group Company—Purchasing Department
Date: Aug.8th.2006
Subject: About Signing the Contract
Recently my company will sign PURCHASE AND SALES CONTRACT in four copies with every supplier by posting the original.The aim is to make the corresponding contract perfect and standard, guarantee the quality and delivering of my products.When the contract arrives at the suppliers, it should be signed by the legal representative of your company and sealed with the special contract badge.Please post them to us before Aug.18th.Thank you for your cooperation!
(If you have any questions, please call 0755-27300555-1213 or fax 0755-27301063.)
SUPPLEMENTARY MATERIAL PURCHASE AND SALES CONTRACT
Contract No.Signed at: Fuyong Town in Shenzhen
Date: Aug.8th.2006
The Seller:
The Buyer: Shenzhen Jinjia Color Printing Group Co., Ltd
1.General Information of the Products
The buyers and sellers should ensure the details of each deal by faxing the orders of purchasing during the period of validity.2.Quality Requirements
The sellers should agree with the buyers about the every technical parameters and quality standards of the sample.3.Packaging
It should be in original packing and undamaged with clear and complete marks, which can be consulted in the purchasing requirements provided by the buyer.4.Delivering
(1)The seller delivers the products to the promiory place.The seller takes charge of the transportation fee of truck and ship.But the other ways and fees of transportation should be negotiated between the seller and the buyer.(2)The time of delivering is the point-in-time or schedule which was ensured by the two parties.If the buyer asks the seller to deliver the products in batch, the specific time and the quantity of each patch should be informed in written.5.Check and Accept Requirements
The techniques and quality requirements which are confirmed by the buyer or the material sample provided by the buyer are the check and accept requirements.And the sealed sample is the right reference standard when the two parties dispute over the quality of the material.6.Secrecy Principal
The seller should have the duty to keep the secret of the technical data, drawing sample etc.which are related to the products of the buyer.The seller doesn’t have the right to reveal the secret to the third party without the permiion of the buyer in written.7.Period of Discrepancy
(1)When the seller receives the purchasing orders from the buyer, the seller should sign them, seal them with the company badge and fax them to the buyer’s company within two hours.If the seller has the dispute over the data or other requirements on the orders, the seller should inform our company in written within two hours after the seller receives the orders.This dispute should be negotiated by two parties.(2)If it is not in accord with the contract such as the quality, quantity, packing, variety, standard, model, the buyer should dispute over them with the seller in written within seven days after the buyer receives the products.And the buyer
keep the right to claim for compensation for the pecuniary lo in the proce of producing, which is caused by the material provided by the seller.(3)If the quality of the material is not in accord with the contract, the buyer should inform the seller in time in written or oral.But this material should be in its guarantee period.It should be solved during the promiory time limit.It couldn’t exceed the following time limit at latest:
a.The seller in Shenzhen area should arrive at the spot to solve the problems in two hours since the seller is informed.b.The seller in Guangdong Province except for Shenzhen area should arrive at the spot to solve the problems in four hours since the seller is
informed.c.The seller in China except for Guangdong Province should arrive at the spot to solve the problems in two days since the seller is informed.If this
seller has office in Guangdong Province, the time limit will be according
to principle a..If the seller doesn’t solve the problems during the time
limits, the seller will be regarded to acquiesce the claim and opinions of
the buyer.The buyer should take on the pecuniary lo.The written claim
from the buyer should include the general information of the material
problem, the description of the quality bug, quantity and the opinions of
dealing with the problems of the buyer.(4)The buyer should dispose the material of quality bug in the proper manner during the time limit before the seller arrives.If there is other quality bug caused by the improper manner, the corresponding pecuniary lo should be deducted from the seller.8.Mode and Time Limit of Payment
(1)Mode of payment: If the sum is le than 100,000(RMB), it can be paid in telegraphic money or check.If the sum is more than 100,000(RMB), it can be paid in Banker’s acceptance draft.(2)Time limit of payment: It will balanced by 90 days.9.Breach of Faith Responsibilities
(1)If the seller will not deliver the products or not in the promiory time, which leads the end or stop in the production of the buyer, the seller should take on the pecuniary lo.If the time to deliver the products exceeds the limit on the contract or purchasing orders, the seller should compensate the buyer for the breach of faith at the 3‰ per day of the sum.Without the permiion of the buyer, if the seller delivers the products in advance, the buyer has the right to refuse them.If the buyer is in reason to foresee that the seller will not supply the products in time, after it is confirmed, the buyer has the right to relieve the contract unilaterally and will not take the breach of faith responsibilities.(2)If the quantity of the material is le than the requirement on the contract,which is caused by the quality or other reasons, the seller should supplement the rest in time, if the buyer demands.The supplementary should be treated with the products which exceed the time limit of delivering.If the quantity is le than the requirement, the seller should take on the pecuniary lo.If the
quantity is more than the requirement, the buyer has the right to refuse the redundant.(3)If the quality of the material is not in accord with the contract, it should be
treated with as follows:
a.If the material of the seller has a slight quality bug, which has no obvious
effect on the products, the whole batch should be treated with as the
special purchasing one.The proper money should be deducted from the
pay.And the buyer has the right to trace back to the seller, if this material
does impact the quality of the products.b.If the material of the seller occur quality problem in producing, which is
confirmed that it is caused by the material from the seller, the seller should
take on the responsibilities and compensate the pecuniary lo.c.These problems caused by the material such as the lack of material, stop
production, change in production schedule, delivery to the customers leads
to do the products over again.The seller should take on the direct and
indirect pecuniary lo.d.If the material from the seller is not in accord with the requirement on the
contract, it should be returned.The seller should move them away at latest
in three working days.During this time limit the buyer could keep this
material temporarily if the condition is permitted.If it exceeds this time
limit, the buyer should not have the right to keep them any longer, or take
on any responsibilities.The buyer has the right to deal with this material,but the fee should be taken on by the seller.10.Ways to Solve the Dispute over the Contract
If the two parties have the dispute over the contract, they should negotiate
with the principle of credibility cooperation and mutual benefit.If they can not agree with each other, they will iue the claims to the court in the city where the contract is signed.11.This contract will become effective with the signature and seal since the datethat it is signed.The period of validity is one year.During this year the twoparties should not change or relieve the contract at random.The things which are not on the contract should be negotiated with the two parties, and make the supplementary regulations which share the equal effectivene with this contract.The original contract is in four copies.The three copies are in the buyer and one copy is in the seller.The Seller:(seal)
Addre:
Legal Representative:
Principal Agent:(signature)
Telephone:Fax:
Bank Account:
No.:
Date:
The Buyer:(seal)
Addre:
Legal Representative:
Principal Agent:(signature)
Telephone:Fax:
Bank Account:
No.:
Date:
