How To Model The Mold Processing Contract?
< p > through negotiation between the seller and the buyer, the buyer entrust the seller to manufacture and manufacture the mould for the production of all kinds of moulds.
The two sides have reached the following processing agreement < /p >
< p > the basic situation of dies: < /p >
< p > product name, serial number, part name, hole number (mold type), unit price of mould (RMB yuan), delivery condition < /p >
< p > total price: (including 17% VAT) < /p >
< p > above sets of molds are used in: materials, materials, materials, materials, materials, materials, materials, materials, materials, materials, materials, materials, materials, materials, materials, materials, materials, materials, materials, materials, materials, materials, etc.: all kinds of moulds are: /p,
< p > (above mould material supplied by seller).
< /p >
< p > 1. The rights and responsibilities of both parties: < /p >
< p > buyer's liability and rights are as follows: < /p >
< p > 1. the buyer is responsible for delivering the R & D requirements and plans for the project to the seller, and providing the sales forecast for the project as far as possible.
< /p >
< p > 2. the buyer is responsible for delivering to the seller the product design drawings and other relevant technical data required for the contract, and is responsible for technical support.
< /p >
< p > 3., the buyer has the sole right to interpret the product design drawings and relevant technical data delivered to the seller. When the ambiguity occurs, the Seller shall consult the buyer and confirm by the buyer.
< /p >
< p > 4. after the seller completes the design and manufacture of the mould, the buyer will go to the seller's site to verify the mold, or to provide the product sample to the buyer for verification and confirmation by the seller.
The mould in the contract includes the mold of the product itself and the fixture and mould needed for subsequent production.
< /p >
< p > seller's rights and responsibilities are as follows: < /p >
< p > 1. the seller is responsible for the design and manufacture of the mould according to the product design drawings and other relevant technical data provided by the buyer. The seller is responsible for completing the mould meeting the buyer's design requirements in time according to the contract stipulations.
< /p >
< p > 2. the seller is responsible for providing certification and sample testing and trial production on a timely and quantitative basis.
Meanwhile, the seller must provide detailed inspection reports for the relevant products for buyer's confirmation.
If you want to repair / modify the mold, the test report should also be attached to the board when it is sent to the board (specify where to modify) < /p >
< p > 3. after the mold is certified by the buyer, the Seller shall be responsible for the seal of the mould.
If the buyer agrees to the seller's subsequent processing and production, the Seller shall be responsible for the repair and maintenance of the mould, and the Seller shall carry out the batch production according to the orders of the third party authorized by the buyer or the buyer.
< /p >
< p > 4. for all the moulds manufactured to the buyer, the Seller shall provide the detailed design drawings to the buyer.
All drawings must be made in Autocad or Pro-Eng (PRO-el2) and must be pmitted electronically to the buyer before approval.
< /p >
< p > two, technical terms: < /p >
< p > 1. mold repair and maintenance: in the production process, the repair and maintenance of the mold shall be the seller's responsibility; < /p >
< p > 2. after negotiation between the two parties, the buyer will provide the product design drawings and relevant technical information to the seller, and send the engineer to the seller for technical exchange or the seller send the engineering personnel to the buyer for technical communication; < /p >
< p > 3. the seller promises that the products produced by the moulds made can meet the buyer's quality requirements < /p >.
< p > 4. the seller promises that the capacity of the products produced by the moulds manufactured can meet the delivery requirements of the seller: < /p >
< p > Nissan: _______K month capacity: ______K < /p >
< p > 5. the seller undertakes that all the moulds involved in this contract can reach 400 thousand times.
< /p >
< p > 6., without the buyer's permission, it is strictly prohibited for the seller to contract the whole or part of any part of the contract involved in the contract to other companies for processing. Otherwise, the Seller shall be liable for breach of contract in accordance with the breach clause of this contract.
< /p >
< p > three, business terms: < /p >
< p > 1. mold price: < /p >
< p > 1.1 after negotiation, the seller will provide the final quotation of the mould approved by the buyer, and sign the price confirmation as an integral part of the contract.
< /p >
< p > 1.2 total amount of mold contract (including% RMB___%% VAT).
< /p >
< p > 1.3 the total price of the mould has already included the following expenses. The Seller shall not ask the buyer for the following reasons: < /p >
< p > 1.3.1 the cost of the tooling and fixture required by the seller for the molding / two processing / assembly of the product; < /p >
< p > 1.3.2 the Seller shall, according to the contract stipulations, carry out the material and equipment and labor cost required for the mold design and die test; < /p >
< p > 1.3.3 the cost of the trial sample (800 sets) provided by the seller to the buyer for mold and product certification; < /p >
< p > 1.3.4 the seller is responsible for ensuring the cost of the moulds vulnerable to the normal production of moulds; < /p >
< p > 1.3.5 the seller is responsible for the cost of other tools and fixtures to ensure the normal production of the product.
< /p >
< p > 1.4 when the buyer requests the seller to modify the mold according to the change of the product design, if the mold modification is relatively simple, including the modification of the die material and other simple modifications from the mold, the seller does not need to charge the buyer. If the mold modification is more complex and has a great influence on the whole mold structure, the seller will quote the buyer according to the working hours needed to modify the mold, and the buyer shall bear the corresponding cost of mold modification.
If the mold is not satisfied with the buyer's requirement due to the seller's reason, the buyer shall not bear any liability. < /p >
< p > 1.5 the Seller shall make corresponding compensation in accordance with the buyer's approval because of the seller's reason that the buyer needs to spend the labor and cost of normal technical support.
< /p >
< p > 2. progress of die opening: < /p >
< p > 2.1 the seller will enter the mold design and production stage after receiving the buyer's confirmation, and the opening period will be "/p".
< p > 2.2 because of the buyer's cause, the delay of the mold making process is not counted.
< /p >
< p > 2.3 if the seller's mold manufacturing process and other errors lead to the failure of the mold to be accepted and the buyer is in urgent need of production, the seller should first use the existing mould to arrange the production, and at the same time, he will reopen the mold free of charge according to the drawing and sample requirements.
< /p >
< p > 3. payment method: < /p >
< p > Party B agrees that Party A shall pay as follows.
< /p >
< p > 3.1 separate settlement method: monthly closing, invoicing the day after tomorrow, the value added tax invoice. < /p >
< p > 3.1.1 the total value of the whole mould manufactured in this contract (including VAT) is RMB yuan, 50K, and 50K yuan. The buyer pays the% of the total amount of the mold, and the remaining part of the mold is distributed in the first 50K product. If the order quantity is less than 50K, the buyer needs to supply the seller's outstanding mould fee.
< /p >
< p > 3.1.2, after the contract is signed, the seller will provide VAT invoice (% of the total mold amount) and the buyer will pay within twenty working days.
< /p >
< p > 4. product order: the seller can accept the order of the third party authorized by the buyer or buyer only if the quality of the sample is acceptable and the buyer has written confirmation.
The buyer's authorized third party's contract with buyer's seller is subject to this contract.
< /p >
< p > four, product quality assurance < /p >
< p > after the seller has finished the mould, the Seller agrees to ensure the quality of the product according to the buyer's quality standard (the first part confirmation report). < /p >
< p > the buyer has the right to modify the content of the quality standard according to the actual needs.
< /p >
< p > five, mold ownership < /p >
< p > 1. the ownership of all moulds and clamping fixtures and their assembly drawings and parts drawings (including 2D and 3D) involved in the contract shall be owned by the buyer, and the Seller shall not interfere with the buyer's disposition of the mould.
If the seller is responsible for the custody of the seller, the Seller shall not supply the mould to the third party without the buyer's consent, otherwise the buyer shall have the right to ask the seller to refund the mold fee and compensate for the loss. < /p >
< p > 2. after the buyer has paid the mold money, the seller must cooperate with the buyer or the buyer's designated third party to pfer the inspection and accept the replacement of the die parts from the seller's place.
The seller is obliged to assemble, rust and package the mould and send it to the place designated by the buyer.
All assembly drawings and parts drawings (including 2D and 3D) of all molds and all fixture must be pferred to the buyer at the same time.
< /p >
< p > 3. during the process of die pfer, if the seller fails to assemble, rust or package, the mold will be damaged, and all direct and indirect losses arising therefrom shall be borne by the seller.
< /p >
< p > six, < a href= "http://www.91se91.com/news/index_c.asp" > mold maintenance < /a > /p >
< p > 1. the Seller guarantees the service life of dies 500 thousand times, and the Seller shall be responsible for free maintenance during this period. If the mould is not used during the service life, the Seller shall be responsible for replacing or re opening the mold, and bearing the corresponding expenses. < /p >
< p > 2. the Seller shall timely register and update the mould's modification, maintenance and repair, whether or not such modification, maintenance and repair are made by the buyer.
If the buyer wants to inquire about the technical details or evidence, the buyer can register with time without notice.
The Seller shall photocopy the registration record to the buyer every three months.
The Seller shall take the initiative to complete this task on a regular basis without requiring the buyer to make a separate request.
< /p >
< p > six, intellectual property < /p >
< p > 1. the intellectual property rights contained in the product styling and the design drawings and other materials supplied by the buyer in this contract are owned by the buyer. The Seller shall not disclose to any company or individual without the buyer's permission, otherwise the Seller shall be responsible for all the losses arising therefrom; the buyer agrees only with the seller's information and information provided by the buyer for the purposes under this contract < /p >
< p > 2. the Seller agrees that it will not use the design drawings and other information or information provided by the buyer for other purposes other than the contract, otherwise the buyer shall have the right to pursue the corresponding liability of the seller; the Seller shall not, in writing, or in any other written or oral form, involve any information or information provided or furnished by the seller without the written permission of the buyer.
< /p >
< p > 3. without the buyer's permission, the Seller shall strictly prohibit the use of this mould to supply other customers other than the buyer or the buyer's designated customer, otherwise all direct and indirect losses arising therefrom shall be borne by the seller; < /p >
< p > 4. other unclassified matters shall be executed according to the "confidentiality agreement" signed between the buyer and the seller.
< /p >
< p > seven, < a href= "http://www.91se91.com/news/index_c.asp" > liability for breach of contract < /a > /p >
< p > 1. if the seller fails to complete the mould manufacture and sample delivery according to the progress of each stage specified in 2.1, the Seller shall be liable for breach of contract.
The Seller shall pay the buyer 2% of the total amount of the contract as a fine every day for a delay, and the accumulative amount of the fine shall not exceed the total amount of the contract.
< /p >
< p > 2.. If the seller fails to meet the buyer's requirements due to the seller's causes, the loss and scrap of other materials will be caused during the assembly process, and the seller will compensate the loss and scrap materials in full and the artificial / stop line costs thus formed.
The two parties may separately sign the contract for the procurement of raw materials / parts for production.
< /p >
< p > 3. if the quality and progress of the products provided by the seller to the buyer can not meet the buyer's requirements because of the seller's cause, the buyer and his client miss the best time to sell the product, or the buyer is forced to cancel the project so as to cause the buyer and his client to suffer serious R & D losses and loss of spare parts. The seller, in addition to refund the payment of all the previous buyers, shall bear the buyer's direct and indirect economic losses in the light of the actual situation.
< /p >
< p > 4. if the seller is delayed by the force of force, including war, fire, strike and other force majeure imposed by the Chinese law, the buyer allows the buyer to dismiss.
The Seller shall notify the buyer in writing within 24 hours after the occurrence of irresistible force, and the Seller shall still have the obligation to take all necessary measures to deliver the goods as soon as possible.
If the irresistible force lasts for more than 2 weeks, the buyer has the right to cancel the contract.
< /p >
< p > 5. other unfinished matters: according to the economic contract law.
< /p >
< p > eight, < a href= "http://www.91se91.com/news/index_c.asp" > dispute resolution < /a > /p >
< p > any dispute arising from the execution of this contract shall first be settled through friendly negotiation. If no negotiation can be reached within 30 days, the dispute can be submitted to the municipal court for disposal. < /p >
< p > this contract shall be strictly implemented by both parties. If a party fails to perform the contract for any reason, it must advance two weeks to obtain the consent of the other party before terminating this contract.
< /p >
< p > buyer: Seller: < /p >
< p >: on behalf of: < /p >.
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