Advance Sales Contract
Advance
Sales Contract
Contract
No.: HZXS00002
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Venue:
Jiaxing
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Seller(Party B):ZHEJIANG
HONGZHAN NEW MATERIAL CO., LTD
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Address:
Wutongyuan district, Tongxiang, Zhejiang
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Tel:
0000-00000000
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Fax:
0000-00000000
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Buyer(Party A):Jiaxing
Yashidi Genuine Car Seat Co., Ltd.
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Address:
Zhaohui Xxxx, Xxxxxxxx Xxxxxx, Xxxxxxx xxxx, Xxxxxxxx
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Tel:
0000-00000000
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Fax:
0000-00000000
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In
accordance with Contract Law of the People’s Republic of China and relevant
regulations, after consultations, Party A and Party B have agreed to sell and
buy the following goods according to the following provisions:
I. Name,
model, quantity, unit price, delivery date etc.
Name
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Width
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Thickness
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Color
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Quantity/meter
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Unit price/RMB
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Total
amount/RMB
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Delivery date
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Delivery location
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Recycled leather
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140cm
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1.4mm
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To be decided
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10000
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75
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750000
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By
the end of November, 2010
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Jiaxing
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Recycled
leather
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140cm
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1.4mm
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To
be decided
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20000
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75
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1500000
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By
the end of December, 2010
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Jiaxing
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Recycled
leather
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140cm
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1.4mm
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To
be decided
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20000
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75
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1500000
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By
the end of January, 2011
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Jiaxing
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||||||||
Recycled
leather
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140cm
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1.4mm
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To
be decided
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40000
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75
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3000000
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By
the end of February, 2011
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Jiaxing
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Recycled
leather
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140cm
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1.4mm
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To
be decided
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320,000
meters
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75
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39,000,000
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40,000
meters per month from March to October, 2011
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Jiaxing
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Total
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410,000
meters
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RMB
30,750,000
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II.
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Quality
Standard:the width is
140cm. The thickness is 1.4mm. Its pattern and color shall be delivered to
the supplier one week before
production.
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III.
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Acceptance
method:Party A
shall assign QC to inspect at Party B’s site. The goods shall be
dispatched after passing the inspection. Party B shall control the quality
of the products for direct export.
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IV.
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Type
of payment: after signing of the contract, Party A shall prepay 10% of the
total price for the first month of the goods to Party B within one week of
signing of the contract. The balance shall be paid in full within 30 days
of the delivery.
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V.
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The
goods provided by Party B must be such which is permitted to export by the
State and Party B shall provide the State’s legal formalities. In case of
violation, the legal liabilities caused shall be the responsibility of the
seller.
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VI.
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Packing
method:the paper
pipe shall use the 5cm type with the thickness of wall at 5mm, and the
external wrapper shall use two layers of PE payer. The length of each
scroll shall be controlled between 25-35 meters. The minimum splicing
shall be no less than below 7 meters. The number of splicing in a batch of
goods shall be no more than 20% of the total quantity of the
batch.
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VII.
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Force
Majeure:
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In case
any party fails to perform the contract due to force majeure, it shall inform
the other party within 10 days of the end of the force majeure event to reduce
the loss caused to the other party. After obtaining the certificate of force
majeure from relevant organization, delay in performance, partial performance
and nonperformance shall be allowed, and the liability for breach of contract
can be exempted or partly exempted.
VIII.
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The
contract shall become effective after being sealed by Party A and Party B
or the intermediary retained by Party B. Neither party shall arbitrarily
alter or terminate the contract unless otherwise agreed in writing by
Party A and Party B after
consultations.
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IX.
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Liability
for breach of contract:
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1. If
Party A does not take delivery of goods within 30 days after the delivery date,
the advance paid by Party A under Article 4 of the contract shall serve as
deposit and shall not be refunded.
2. If
Party B does not deliver the goods within 30 days after the delivery date, Party
B shall refund double deposit to Party A.
3. In
case the variety, model, specification, pattern, quality of the goods delivered
by Party B does not conform to the stipulation, if Party A agrees to use it,
Party A and Party B can jointly renegotiate and refix the price; if it cannot be
used by Party A, Party B shall be responsible for the exchange or repair
according to the circumstances and bear the actual costs paid for the repair,
exchange or return of goods.
4. In
case of need to repair or repackaging due to the nonconformity of the packaging
to the stipulation in the contract, Party B shall be responsible for the repair
or repackaging and bear such expenses. If Party A does not request repair or
repackaging and claims for indemnification, Party B shall pay the price
difference between the inferior packaging and the up-to-standard packaging.
Party B shall be liable for the damage or loss of goods resulted from
impropriate packaging.
5. In
case the variety, model, specification, pattern, quality of the goods delivered
by Party B in advance or that of its excessive delivery does not conform to
stipulation, Party B shall bear the storage, maintenance costs actually paid by
Party A during Party A’s custody as well as the incurred loss not due to the
improper custody of Party A.
X.
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Supplementary
clause:
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1. The
Quality of products for direct export shall be the responsibility of Party
B.
2. The
facsimile copy of this contract shall have the same validity.
XI.
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Dispute
Resolution:
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Any
dispute arising from or connected with this contract shall be dealt with by the
People’s Court of Tongxiang City if it cannot be resolved by the two parties
through amicable consultations.
Seller
(Party B:
(seal)
ZHEJIANG
HONGZHAN NEW MATERIAL CO., LTD
Signature:Xxx
Xxxxxxxx
Title:CEO
Date:
August 20, 2010
Buyer
(Party A): (seal)
Jiaxing
Yashidi Genuine Car Seat Co., Ltd.
Signature:Xxxxx
Xxxxxxxx
Title:General
Manager
Date:
August 20, 2010