【正文】
y A’s production plan is affected due to unreasonable delay of confirmation time of Purchase Contract by Party B, Party A shall claim against Party B for RMB500 for each delayed day for each contract as penalty for breach of contract. 訂單變更 Order Modification(包括但不限于取消、增加/減少數(shù)量、更改交期等)已生效的《訂貨合同》,甲方以傳真形式向乙方發(fā)出加蓋甲方購貨合同章《訂貨合同變更協(xié)議》。Supply Department of Party A is the only unit of Party A to place purchase order to Party B, and Party B shall not accept any new order or modification directives from any other personnel except those appointed by Party A. Otherwise, all losses caused to Party B shall be solely undertaken by Party B. Party B takes the only way to place purchase order or modify the purchase order to Party B by printed Purchase Contract or Purchase Contract Modification Agreement with special seal for purchase contract of Party A, and Party B shall not accept purchase order directives in any another forms for placing or modifying purchase order. Otherwise, all losses caused to Party B shall be solely undertaken by Party B.價格 Price雙方交易價格按照生效的《訂貨合同》單價執(zhí)行,定價方式及其他權(quán)責(zé)按雙方簽訂的《價格誠信協(xié)議》執(zhí)行。乙方可預(yù)期之交貨遲延,乙方應(yīng)立即向甲方發(fā)出緊急通知,告知預(yù)定交貨日期無法履行,并寫明另行交貨的時間。At delivery, Party B is required to provide formal Delivery Note. The Delivery Note is required to be printed or filled in by hand on carbonless copy paper at least in triplicate and to satisfy requirements from Party A of basic contents, format and instructions for copy use. The information including Party B’s supplier code, purchase order number, material code, material description, delivered quantity and consigner’s signature (full name is required.) registered and coded by Party A are required. The factors and quantity on the Delivery Note must be be consistent with actual delivery and instructions. Great care is required for billing of the same material with different purchase order numbers, and the principle of “firstinfirstout” must be followed. Resumed purchase orders that have been rejected and held for inspection shall be processed separately. In case data confusion is caused to Party A as Party B fails to follow “firstinfirstout” principle, Party A has the right to claim against Party B for RMB500 as pensation for breach of contract. (若乙方境內(nèi)交貨則無此條款) Provision of customs information (No such clause for delivery place in China.) 乙方必須在交付貨物前4天提供詳細的裝箱清單以及發(fā)票、凈重、毛重、品牌、原產(chǎn)地、生產(chǎn)商等資料,并將其及時準確地傳真至甲方《訂貨合同》指定的傳真上,同時與甲方指定聯(lián)絡(luò)人聯(lián)系確認。 provided Party A has made the arrangement for customs clearance when notified, Party B shall undertake all the losses (including but not limited to customs forfeiture and penalty, and charges of customs clearance) caused to Party A, and meanwhile Party A has the right to claim against Party B for RMB50, 000 each time as penalty for breach of contract as.,但未按約定的時間交貨,乙方需承擔(dān)交貨延遲責(zé)任,同時甲方有權(quán)要求乙方支付人民幣伍萬圓每次的違約金。Time of account checking: 5th – 10th each month (Monthly payment) or 35 days after delivery (Payment made X days after receiving) :《送貨單》、《外購?fù)素泦巍?、《外協(xié)退貨單》、《對帳單》、《收款通知》、《付款通知》、《供應(yīng)商賠償申請》Basis of checking account: Delivery Note, Return Note for Outsourced Product, Statement of Account, Advice of Collection, Credit Note, Advice of Payment, Compensation Claim against Supplier:經(jīng)甲方倉庫簽字的《送貨單》請款聯(lián)、加蓋乙方公章的《對賬單》原件、發(fā)票。3) 《送貨單》請款聯(lián)原件、加蓋乙方公章的《對帳單》原件和發(fā)票三種單據(jù)缺一不可;All of the original payment request copy of Delivery Note, the original Statement of Account sealed by Party B and invoice are required。In case Party A fail to withhold input VAT due to fault of Party B (. invoice beyond valid term of withholding, dirty invoice, lost deduction copy of invoice), Party B shall be fully liable for the loss of tax suffered by Party A.、任意作廢,若需更改、作廢發(fā)票,必須書面通知甲方,否則因此造成的稅局對甲方的罰款,由乙方全額承擔(dān),同時甲方有權(quán)利順延一個月支付乙方已到期貨款。 ,同時乙方擁有共同享受成果的權(quán)利;Party A encourages Party B to provide scheme with higher performanceprice ratio and meanwhile Party B shall have the right to share the achievements 。Party B shall assist Party A in timely returning warehoused spoiled materials of Party A. Please refer to Spoiled Material Disposal Agreement for details. 1業(yè)務(wù)終止 Business termination,乙方必須提前六個月書面提交《業(yè)務(wù)終止通知書》通知甲方,在獲得甲方書面同意后乙方方可停止供貨,否則乙方未結(jié)訂單甲方將視同乙方延期交貨。To terminate the cooperation between the parties, at settlement of all payments except for deposit for quality and white hands and at pletion of returning all the spoiled materials in stock of Party A, the two parties shall sign a Certificate of Business Termination and this agreement is terminated simultaneously. However, the terms of Nondisclosure Agreement shall survive the termination. After termination of the agreement, in case quality problems in batch or serious quality deviation are caused to Party A by products of Party B during the valid warranty term promised by Party B, Party A shall also have the rights to hold Party B liable for breach of contract pursuant to the related clauses of quality guarantee. 1協(xié)議解除 Termination of Agreement本協(xié)議之任何一方若有下列之事由時,一方可以書面通知他方,終止本協(xié)議。If the observant party requests to terminate this agreement under the provision of this article, it shall not influence the rights of the observant party to claim against the defaulting party for pensation.1不可抗力的處理 Force Majeure 任何一方因不可抗力原因?qū)е聼o法履行協(xié)議的,可不承擔(dān)違約責(zé)任,但遭受不可抗力的一方應(yīng)及時書面通知另一方并盡量采取有效措施減少雙方的損失。If business termination is requested by Party B, Party B is required to notify Party A six months in advance by submitting Business Termination Notice in writing. Party B shall not stop supplying products until receiving consent in writing from Party A. Otherwise Party A shall deem the unsettled purchase order as delayed delivery. Party A has the right to suspend payment to Party B for the products provided for the last three months since the last shipment. After clarifying influence of supply termination and at the pletion of aftermath disposal, Party A shall resume the payment to Party B for the unpaid balance. ,甲方必須提前一個月書面提交《業(yè)務(wù)終止通知書》通知乙方。Provided suggestion made by Party B is adopted by Party