Exhibit 10.26
CORN SEED PRODUCTION BOOKING CONTRACT
PARTY A: [ORIGIN COMPANY]
Address:
PARTY B:
Address:
Whereas,
In accordance with the Contract Law of People's Republic of China and the Seed
Law of People's Republic of China and other relevant Chinese Laws and
regulations, both of Parties, adhering to the principle of equality and mutual
benefit and through friendly consultations, agree to enter into this corn seed
production booking contract.
Article 1
There are [ ] units of area for the corn seed production. (the unified price
shall be applied to the unified combination)
Article 2
The amount payable for the seed shall be calculated by ___ to ___ times of the
commercial corn's price at the date of 15, December of the current year.
Article 3 Method of Payment
Party A shall make the payment in accordance with the standard of ___ RMB per
kilogram of corn ears during one month after the purchasing of corn ears, and 90
percent of the amount for the net corn ear's purchasing shall be paid before 20,
January of next year, and the rest amount shall be paid off before April of next
year.
Article 4
Method of Seed Delivery shall be transporting to the processing factory of Party
A, the limitation for the delivery is to [ ].
Article 5
The qualification standard for the seed: seed germinate rate-no less than ___%;
genuiness of seeds: no less than ____%; seed purity: no less than ___%; Water:
no higher than ___%.
Article 6
In the event of Force Majeure: the loss from the destructive earthquakes,
serious flood and waterlog, drought, frostbite, typhoons, and hailstone shall be
borne by the Parties respectively, and either of the parties will not compensate
the other party any more.
Article 7
Safety Isolating Standard: Hybrid is 300 meters, Self-copulation is 500 meters.
Article 8 Responsibility of Party A
1. Arrange the hybrid combination that is suitable to the local production
conditions, provide the State regulated more than B level's parent seeds
with consideration.
2. Provide production technical material in detail, dispatch the technicians
who are satisfy the requirements from producing technical instructions to
the seed producing base to provide the technical instruction for seed
producing during the whole producing process.
3. Purchase Party B produced all of certified seeds in time.
4. Comply with the technical rules for seed production and quarantine rules
for seeds and seeding cultivated land, and accept the seed management and
the plants' quarantine institution's supervision and inspection.
5. Party A shall bear the loss of the frozen seeds due to Party A's mistakes
in the technical instruction or the provided parent materials having
quality problem.
Article 9 Responsibility of Party B
1. Guarantee the water and fertilizer conditions for seed production and the
safety quarantine conditions and strictly prohibit producing seed on
gardening lands or wastelands; arranging the production in accordance with
the variety, quantity and quality of the seeds, and delivery to the Party
A as the stipulated quantity, time and place in the contract.
2. Guarantee the parent seed provided by the Party A will not be spilled
over, be sold, be self-bred, or self-retained, and delivery and sale all
of the produced regular Hybrid seeds to Party A.
3. Bear the economic loss arising from the inappropriate management on the
cultivation, or from reduction on output as do not follow the technical
requirements for seed production, or from unqualified quality of seeds as
without drastic de-coated seeds or extracting stamen.
4. Party B shall bear the loss if it do not air and insolate the seeds as
soon as harvest, or if it adopts improper method to make the seed to be
frozen or fusty.
5. Party B shall take charge of resolving the conflicts or dissension in the
process of technical instruction, and take charge of cultivating different
seed corn in the production base.
Article 10 Liability for Breach of contract
1. If the production combination arranged by Party A is not suitable for
local production conditions, or its technical instruction for the
production do not reach the requirements, or the provided parent seeds are
not more than the state regulated B level, Party B shall be liable for
Party A's loss caused.
2. If Party A does not purchase all of regular quality seeds in time, or does
not pay for the seeds, Party A shall be charged with the fine of breach of
contract as % of total amount for every 10 days lapse.
3. If Party B make the seeds provided by Party A to be spilled over, be sold,
be self-bred, or self-retained, in accordance with the relevant
regulations, Party A may hold it to liable for the compensation that is no
more than the amount of its dispose or sales of the seeds.
4. If Party A does not comply with the technical rules to produce seeds,
Party A shall be liable for the loss caused, and Party A shall be returned
its invested production materials or cost by Party B.
Article 11 Miscellaneous
Article 12 Dispute Resolution
If the dispute is due to the quality of the seeds, the dispute shall be
submitted to the ______ Seed Administrative Section for the quality technical
arbitration; any dispute arising out of this Contract or from its performance
shall be resolved through friendly consultation between the Parties. If any
Party is unwilling to resolve a dispute through consultation, the dispute may be
submitted to the Court.
Article 13
Matters not covered in this Contract shall be dealt with in separate instruments
to be entered into by the Parties through friendly consultations and in
accordance with the Contract Law of People's Republic of China and the Seed Law
of People's Republic of China and other relevant Chinese Laws and regulations.
The separate instruments hereof shall have the same legal force as this
Contract. The appendixes of this Contract include the rules for seed production
technology, the muster roll with the producing farmers' signatures and stamps,
and the letters of authorization.
Article 14 The term of this Contact
From [ ]to [ ]
Article 15
This Contract is executed in two originals and two counterparts. Each Party
hereto shall hold one (1) original. The counterparts shall be submitted to the
Supervision Section for record.
Party A: (Stamp)
Legal Representative: (Signature)
Authorized Proxy: (Signature)
Party B: (Stamp)
Legal Representative: (Signature)
Authorized Proxy: (Signature)
Executive Place:
Executive Time:
Appendix: Corn Seed Production Booking Contract
Party A: BEIJING ORIGIN SEED LIMITED-LINZE FILIALE
Party B:
Date By:
Miscellaneous:
1. Party B shall arrange the soil fertility on upper intermediate land for
the seed production, and Party A's technical operation in production shall
upon the strict requirement. If Party B voluntarily arranges the seed
production on the soil fertility worse land, the loss of mid-long term on
premature senility or dying, will afforded by Party B.
2. Party B shall organize, instruct, supervise farmers strictly follow the
technical requirements of the seed production. Prior to production corn
seeds tassel, Party B shall complete the seed decoating work. The rate of
hybrid for Pollen Plant and/or Pod Plant must be less than 0.1%; in the
term of getting rid of androecium, the rate of Pod Plant dispersing powder
shall not accumulated more than 0.2%, the rate of Pollen Plant hybrid
dispersing powder shall not accumulated more than 0.1%. If the seed
production areas which beyond the above standards to are not qualified in
the in-house re-examines, they shall be discarded, and the serious area
shall be cut fully.
3. During ten days after Pod Plant finish the pollination, Party B shall
ensure to thoroughly cut the Pollen Plant in seed production area. In
stipulated period, if the Pollen Plant lands that are not cut promptly,
the purchasing price of each kilogram seeds will be reduced by 0.05Yuan.
4. After fruit-tassel be harvested, Party B shall positively coordinate the
Party A to instruct and supervise farmers to remove impurities in
fruit-tassel, mildewed fruit-tassel, insect frog, rat damage seeds and so
on. Party A checks the Party B produced seeds' moisture, generation rate,
healthy seed rate and so on. If matching the Party A's requirement, Party
A shall purchase Party B`s qualified fruit-tassel seed. Because Party B
does not follow Party A's technical requirements to promptly organize and
supervise farmers to air and insolate the seeds and result in frozen
injury, Party B shall hand over all of seeds to Party A to transfer
business processing, Party A shall refer to the local market price of
commercial corns at that time and pay for the seeds.
5. When purchasing fruit-tassel if heterogeneous corn be found in the
fruit-tassel seed submitted by Party B, Party A may deal with this batch
of fruit-tassel seeds same as the price of commercial corn.
6. Party B secretly hold the hybrid seed produced for Party A for self-use,
transfer, or sales, Party B shall compensate the Party A as 2 times of the
value of the seeds that be hold for self-use, transfer or sales (9
Yuan/kilograms).
7. When purchasing the seeds, Party A shall seal seed sample by each
household for the seeds submitted by Party B and to prepares the seed
re-inspection and appraisal; through Party A's appraisal Party A can
resist to pay the unqualified seed.
8. After purchasing the seed, Party A can re-inspect the purchased seeds, the
purity of seed shall be finished the re-inspection during a growth cycle,
the seed-germination rate shall be finished the re-inspection thirty days
after all Party B's seeds in village be purchased.
Party A: (Stamp) Party B: (Stamp)
Legal Representative: Legal Representative:
Authorized Proxy: Authorized Proxy:
