Contracts for the distribution of audio-visual products
Party A: Audio-visual Products Sales Co., Ltd
Address:
Legal representative:
Unified Social Credit Code:
Phone:
Fax:
Zip:
Party B: Audio-Visual Products Distribution Co., Ltd
Address:
Legal representative:
Unified Social Credit Code:
Phone:
Fax:
Zip:
On the basis of honesty and win-win cooperation, both parties have reached the following cooperation agreements on the distribution of audio-visual products through friendly consultation:
Article 1 Party A is a business unit approved by the state with audio-visual wholesale qualifications, with complete licenses. The copy of Party A's Business License (Copy) and the copy of the Audio-visual Products Wholesale Business License are annexes to this contract and shall be provided to Party B when this contract is signed.
Article 2 Party B is a business unit approved by the state with national audio-visual wholesale qualifications, and has complete licenses. The copy of Party B's "Business License (Copy)" and the copy of "Audio-visual Products Wholesale Business License" are annexes to this contract, which shall be provided to Party A at the time of signing this contract.
Article 3 Quality standards
Party B guarantees that the quality of the products sold to Party A conforms to national standards and industry standards. Otherwise, Party A has the right to request Party B to replace it. After Party A's notice of request for exchange is confirmed by Party B, Party B will deliver the qualified products to the place designated by Party A within one day. If the quantity of audio-visual products with quality problems exceeds 10% of the total number of varieties ordered in this contract, Party A has the right to return the goods to Party B.
Article 4 Packaging standards
The cover and the whole packaging of Party B's audio-visual products shall comply with national or industry regulations and meet the requirements of the transportation department. If the goods are damaged due to packaging, Party B shall replace them. After Party A's notice of request for exchange is confirmed by Party B, the qualified products will be delivered to the place designated by Party A within a few days.
Article 5 Sales Prices and Discounts
1. During the validity period of this contract, the supply price of the audio-visual products sold by Party B to Party A shall be the lowest price of the same variety in Party B's national market, except for the price of goods specially promoted by Party B;
2. Without the written consent of Party B, Party A shall not sell Party B's audio-visual products at a price lower than the minimum sales price specified by Party B;
3. Party B agrees to give Party A preferential treatment, discount or reward according to Party A's sales amount, and the specific preferential and incentive measures are:
Article 6 Delivery of Goods
The name, variety and quantity of Party B's audio-visual products distributed by Party A shall be based on the Purchase Order issued by Party A to Party B, and the Purchase Order shall be part of this contract. After Party B receives Party A's "Purchase Order" and confirms the reply, it will pass (1. Railway; 2. a highway; 3. Water transportation; 4. By air) the mode of transport will send the goods to Party A's residence or Party A's designated place, and the risk of loss, loss and damage before the goods arrive at the destination shall be borne by Party B, and the risk of loss, loss and damage shall be borne by Party A after the goods arrive at the destination.
Article 7 Transportation Expenses and Transportation Insurance Premiums
The transportation costs and transportation insurance premiums required for the performance of the contract shall be borne by the party.
Article 8 Acceptance of goods
After receiving the goods, Party A shall check and accept the name, variety, quantity, quality and whether there is any damage to the audio-visual products on the day of receipt, otherwise Party A shall be deemed to have no objection to the name, variety, quantity and quality of the audio-visual products.
Article 9 Payment settlement
Party A and Party B agree to reconcile the account at the end of each month, Party A will report the sales list and sales amount to Party B for confirmation, and Party A shall remit the payment to Party B's account within the day after Party B confirms.
Article 10 Party A requests to return the product due to unsalable products, it shall be agreed by Party B, and the number of returns of the same variety shall not exceed 10% of the order quantity of the variety in principle. The transportation and related costs incurred by Party A in returning the goods shall be borne by Party A.
If Party B has indicated on Party A's purchase order that the audio-visual products of this variety shall not be returned, Party A shall not return them.
Article 11 Marketing and Promotion
1. Party A has the obligation to carry out promotional activities on the designated products in the area and time limit specified by Party B according to the requirements of Party B, and Party B shall be responsible for the promotion costs.
2. Party A shall not damage the goodwill of Party B in the course of operation, and Party A shall have the obligation to immediately notify Party B and assist Party B to take corresponding measures when Party A finds that a third party has damaged the goodwill of Party B.
3. Party A has the obligation to reasonably use Party B's trademark and trade name in distribution and promotional activities.
Article 12 Termination of Contract
This contract shall be terminated in the event of any of the following circumstances during the term of this contract:
1. When the contract cannot be performed due to force majeure;
2. When either party loses the qualification of audio-visual products;
3. The contract can be terminated if both parties reach a consensus through consultation;
4. If one party commits a serious breach of contract, the other party may terminate the contract;
5. When the term of this agreement expires.
Article 13 Confidentiality
Both parties have the obligation to keep each other's trade secrets during the validity period of this contract and after termination.
Article 14 Liability for breach of contract
1. Party A's sale of pirated audio-visual products of the same variety as Party B is a serious breach of contract, and Party B may unilaterally terminate the contract if Party B finds that Party A has the above-mentioned breach of contract, and has the right to require Party A to bear the same amount of liability for breach of contract equivalent to the order quantity of the same variety as the pirated audio-visual products.
2. If Party A fails to reconcile the accounts on time, conceals the sales data, or defaults on the payment, Party B may unilaterally terminate the contract and has the right to require Party A to pay liquidated damages equivalent to 1% of the amount of the arrears.
3. If Party A suffers economic losses due to the infringement of others' copyrights by Party B's audio and video products, Party A has the right to require Party B to bear the full amount.
Article 15 Dispute Resolution
Any dispute arising from the performance of this contract shall be settled through friendly negotiation between the two parties. If the negotiation fails, either party has the right to file a lawsuit with the people's court with jurisdiction.
Article 16 This contract shall be valid for one year, from xx-xx-xx to xx-xx-dd. If the two parties continue to cooperate, they must notify the other party one month before the expiration of the contract and sign a separate sales contract.
Article 17 If there is no agreement in this contract or the agreement is not detailed, the two parties may sign a supplementary agreement. The supplementary agreement and the annex to the contract, the purchase order and this contract have the same legal effect, and in the event of a conflict between the supplementary agreement and the purchase order and this contract, the supplementary agreement and the purchase order shall prevail.
Article 18 Neither party to the contract shall provide any form of kickbacks, gratuities, goods or other tangible or intangible benefits to the employees and their relatives of the other party, except for small advertising gifts.
Article 19 This contract shall come into force on the date of seal of both parties. This contract shall be in duplicate and shall be held by both parties and shall have the same legal effect.
Party A: Sales unit (seal) | Party B: Issuing company (seal) |
Representative: (Signed): | Representative: (Signed): |
Bank account: | Bank account: |
Signing time: year, month, day | Signing time: year, month, day |
Annex:
1. A copy of Party B's Business License (Copy);
2. A copy of Party B's "Audio-visual Products Wholesale Business License";
3. A copy of Party A's Business License (Copy);
4. A copy of Party A's "Audio-visual Products Wholesale Business License".
Shanxi Taiyuan Chang Lawyer Key words:
Legal Advice, Professional Lawyer, Writing Complaints, Lawyer Consultation, Loan Disputes, Criminal Defense, Criminal Interviews, Release on Bail, Case Entrustment, Housing Leasing, Private Lending, Tort Disputes, Damages, Creditor's Rights and Debts, Legal Knowledge, Legal Knowledge, Legal Risks, Traffic Accidents, Contract Invalidation, Contract Termination, Third Party Revocation, Right of Revocation, Enforcement Objection, Enforcement, Judgment Debtor, Blacklist, Dishonest Person, Restricted Consumption, Equity Transfer, Company Business, Articles of Association, Partnership Disputes, Legal Counsel, Inheritance, Real Estate Inheritance, Testamentary Succession, Property Agreement, Joint Property, Property Division, Contract Law, Marriage Law, Divorce Disputes Divorce Agreement Divorce Case Litigation Representation Civil Dispute Hiring a Lawyer Contract Dispute Contract Review Contract Formation ......