Seller: Qianxinan Aosen Forestry Ltd. ;
(Party
A) |
Buyer: Guizhou Shuanghe Industrial Trade Co.,
Ltd. ; (Party B)
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Through negotiation and in accordance with
applicable economic laws of the Peoples Republic of |
China, Party B agrees to purchase fiberboards
from Party A under the following terms and conditions: |
I. |
Product type, specifications, grade, quantity,
unit price, and value |
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IV. |
Payment: Party B must deliver the fiberboards upon receipt of the
payment in cash. Both parties may renegotiate the price if the market
price changes. |
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V. |
Invoicing: Party A must issue a VAT invoice for Party Bs payment.
Party B must provide a transport invoice issued by the transportation
authority for the fiberboards. |
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VI. |
Inspection and objection: Party B must make an objection to the
quantity and appearance upon the arrival of fiberboards and will otherwise
be deemed to have accepted the products. Party B must file an objection in
writing to the quality of Party As products within seven (7) days after
the products reach Party Bs location or otherwise will be deemed to have
accepted Party As products. |
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VII. |
Party As liability for breach: Party A must deliver products that
fully match the samples in terms of type, model, specification, design,
color, and quality. In case of any discrepancy, Party A must refer the
products to after-sales procedures. |
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VIII. |
Party Bs liability for breach: Party B must not reject products
shipped by Party A to Party B as agreed herein for any reason or otherwise
is liable for any costs thus caused. Party A will withhold goods if Party
B fails to make the payment in full. The deficiency will count as part of
the total payment for the next batch of goods. |
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1. |
Party A agrees to serve Party B in good faith; |
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2. |
Party A will furnish Party B with promotional materials, such as
copies of the production certificate, product inspection report, and
relevant certificates Party A has obtained; |
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3. |
Party B must promote and apply Party As products, safeguard Party As
rights and interests, and maintain the confidentiality of Party As trade
secrets; |
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4. |
Party B must promote and apply Party As products, safeguard Party As
rights and interests, and maintain the confidentiality of Party As trade
secrets; |
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5. |
During the inspection, Party B may file a complaint against Party A's
products in terms of type, quantity, quality and specification by phone or
fax. After receiving the complaint, Party A agrees to send personnel to
Party Bs location within two days in Guozhou and within 15 days outside
Guizhou; |
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6. |
Should Party A fail to handle the issue at Party Bs location within
the agreed time, Party A is deemed to have accepted Party Bs objection
and solution. Party Bs written complaint must specify the contract
number, waybill number, license plate number, dates of shipment,
production, and arrival, certify the product name, model, specification,
marking, batch number, quantity, packing, and provide requirements for
handling the products that fail to meet the agreed standards; |
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7. |
After reaching Party Bs designated location, Party As after-sales
representatives will count and sort the products in question in terms of
stacking, deformation, color change, seepage, damage and processing and
complete a After-Sales Form that indicates the actual product quality,
production batch, grade, quantity, and the suggested solution, which must
be signed by both parties. These representatives must also mark, photo and
videotape the corrected products; |
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10. |
Unless otherwise approved by Party A in writing, Party B must not cut
fiberboards into smaller boards to produce surfaced products. Party A
accepts no liability for compensating for any loss thus caused; |
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11. |
Party B must stop using Party As products that exceed the agreed
standards for length and diagonal and notify Party A immediately. Party A
is not responsible for compensation if Party B has cut the fiberboards
into smaller plates; |
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12. |
Party B must request Party A for compensation for defective products
before these products leave factory. Party A accepts no request for
compensation after its products are shipped and installed; |
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13. |
After the fiberboards are processed, Party A is only responsible for
strength-related quality problems, such as loose sandwich layer and
delamination; |
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14. |
Party A is not responsible for compensation relating to usable and
off-grade products. |