Attached files
| file | filename |
|---|---|
| 8-K/A - Action Acquisition CORP | v204332_8ka.htm |
| EX-10.5 - Action Acquisition CORP | v204332_ex10-5.htm |
| EX-10.16 - Action Acquisition CORP | v204332_ex10-16.htm |
| EX-10.14 - Action Acquisition CORP | v204332_ex10-14.htm |
| EX-10.12 - Action Acquisition CORP | v204332_ex10-12.htm |
| EX-10.8 - Action Acquisition CORP | v204332_ex10-8.htm |
| EX-4.1 - Action Acquisition CORP | v204332_ex4-1.htm |
| EX-10.11 - Action Acquisition CORP | v204332_ex10-11.htm |
| EX-10.7 - Action Acquisition CORP | v204332_ex10-7.htm |
| EX-10.15 - Action Acquisition CORP | v204332_ex10-15.htm |
| EX-10.9 - Action Acquisition CORP | v204332_ex10-9.htm |
| EX-99.1 - Action Acquisition CORP | v204332_ex99-1.htm |
| EX-10.6 - Action Acquisition CORP | v204332_ex10-6.htm |
| EX-10.10 - Action Acquisition CORP | v204332_ex10-10.htm |
| EX-10.13 - Action Acquisition CORP | v204332_ex10-13.htm |
| EX-99.2 - Action Acquisition CORP | v204332_ex99-2.htm |
[NAME
OF PURCHASER]
Material
Purchasing and Selling Contract
Contract
No.:
Date:
Address
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1.
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Purpose
of contract: both parties enter into this contract based on mutual benefit
and good faith.
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2.
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The
price and demand information are shown in schedule
1.
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3.
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Technology
requirement: products supplied by Party B should comply with requirement
of below document/standard.
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1)
product drawing/digifax 2) technology agreement 3)
SOR 4) relevant nanational/ occupation
standard
5) notice
of technology measures/ authorization of PAA production
measures 6) working guidelines of products
engineering
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4.
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Delivery
time and amount: The amount herewith refers to the planned number. The
actual amount is the number on the supply notice from the date it is
issued by Party A. Noticing ways includes
below:
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1)
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Supply
guiding plan issued in the latter part of a month. 2) each Friday, issue
supply notice for the next week. 3) every day direct supply
notice.
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5.
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Place
of delivery: Warehouse of Party A or other place designated by Party
B.
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6.
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Method
of Delivery: Follow the requirement on the supply notice of Material Trade
Company of Party A.
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7.
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Transport
mode and station of arrival port and expense burden: Party B is
responsible for the transportation matter and bears the risk of
transportation and the expenses occurred in the transportation. Arrival
port: Warehouse designated by Party A’s Material Trade Company or other
place designated by Party A. The receiver’s name, contact information and
Party A’s Material Trade Company should be indicated outside the packing
box.
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8.
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Fair
wastage of goods and its method of calculating: based on the number of
qualified products actual used by Party
A.
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9.
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Packing
requirement, supply and recycle of packing material: it should be packed
according to the requirement of Party A that the packing should be sturdy
and prevent from extrusion, wet, deformation, etc. Also, the name of
products, specification model, quantity, date as well as the detail
contact information should be specified outside of the packing box.
Packing expenses are undertaken by Party B. Party B shall not recycle the
non-dedicated packing box or material. Party should coordinate actively
with Party A in improving logistic management, including modifying packing
method, changing consignment frequency,
etc.
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10.
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Principle
of receiving materials: 1) Name of material, mode, and quantity should
keep in consistence with supply plan/purchasing order. 2) No damage on the
package label, certification and the packing box as well as the products.
3) Quality inspection report attached. 4) the materials supplied should
meet the requirements of Party A’s input materials inspection. 5) PPM
value of the materials supplied should be less than 150. If it does not
meet the requirement, Party B has the right to reject the materials or
abandon, return it for repairing, cancel the orders, authorizing the use,
at his disposal and making 1%-5% economic punishment on Party B. Upon the
agreement of Party A in using the defected materials, the price should
lower 5% in the final estimate and be deducted in the payment for goods
directly.
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11.
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Supervision
and random inspection of materials’ quality: 1) For key components and
material, Party B provides function testing report to Party A. The
expenses occurred are beard by Party B. 2) Party A takes a
sample from the warehouse for input goods inspection or consigns third
party inspection organization to test the materials. It the test is
passed, the test fee is undertaken by Party A. If failed, the test fee is
undertaken by Party B after Party A notifies Party B. In the event of
latter situation, the fee shall be deducted from the payment for goods and
quota should be reduced at the same time. 3) Qualified batch rate of the
materials supplied by Party B should be no less than 95%. Otherwise, Party
A has the right to terminate performing the contract or cease the
contract, as well as require Party B to compensate for the economic loss
caused to Party A.
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12.
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Faulty
component/recall in period of warranty period: specified in Quality Assurance Service
Agreement.
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13.
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Number
of mandatory spare parts, fitting tools and supply method: Party B shall
guarantee the supply of fittings of the materials until production of that
mode of car is stopped for 5 years. The fittings are not allowed to be
sold to any third party. Otherwise, Party A has the right to pursue the
relevant responsibility of Party B.
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14.
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Method
and deadline of payment: upon receipt of the invoices in
coincidence with the checks and certificates, the payment shall be settled
in the month after next in form of bank acceptance or 2% cash discount. In
the prior written consent of Party A on special unscheduled settlement
requested by Party B, Party A may pay according to special settlement
discount which are 2% discount of bank acceptance and 4% cash
discount.
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15.
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Termination
of contract: 1) The contract terminates automatically upon the close date
of this contract set hereto. 2) In the event that the materials are not
qualified or Party B cannot supply materials in time, Party A shall be
entitled to cease the contract or request Party B to continue to fulfill
the contract. Party B shall compensate for loss caused to Party A arising
from Party B’s breach of contract. In the event that Party B fails to
settle the payment for goods, Party B may cease the contract unilaterally
in a moth prior written notice to Party A.
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16.
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Resolution
of contract disputes: upon the disputes arising from performance of this
contract, the parties may submit the disputes to People’s Court of Party
B’s area.
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17.
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Act
of God: in the event of Act of God, including but not limit to the
unpredictable things like earthquake, flood, fire, government act etc.,
both parties should take necessary measures to avoid the loss expansion.
Within 15 days upon the occurrence of Act of God, either party should
inform the other party in written notice, including but not limit to
email, fax or any other way. The party should bear the responsibility of
compensation for loss if it fails to notify the other party in the period
mentioned above.
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18.
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Attachment
to this contract: the following agreement or document signed by both
parties is treated as the attachment to this contract, which shall have
the same legal validity. They are: “Purchasing and Selling
Contract Schedule”, “Agreement on Delivery”, “Selling and Supply”,
“Quality
Assurance Service Agreement”, “Clean Agreement”.
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This
contract takes effect after the affixation of the signatures or seals of both
parties. The validity period of this contract is from __________, 20__ to
_____________, 20__.
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Party
A
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.
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Party
B
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Shenzhen
ORB-FT New Materials Co., Ltd.
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||||||||
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Address
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Address
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Futian
District, Shenzhen, China
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bank
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Account
No.
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bank
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Account
No.
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Post
code
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Tax
No.
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Post
code
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Tax
No.
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Tel
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Fax
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Tel
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Fax
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E-mail
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E-mail
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Legal
Representative
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Entrusted
Agent
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Legal
Representative
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Entrusted
Agent
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||||||||
Schedule
1: Contract No.: 42502VXJ09001
Party B:
Shenzhen ORB-FT New Materials Co., Ltd.
Comprehensive
evaluation grade:
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No.
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Specification
model
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Material
Name
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Unit
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Technology
Agreement
No (or
SOR)
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Proportioning
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Quantity
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Unit
Price(destination price,
no
tax, ) RMB
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Total
(no tax)
RMB
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1
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||||||||
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2
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3
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4
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Total
amount
(no
tax, in RMB)
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Amount
in words
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Entrusted
Agent of Party A:
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Entrusted
Agent of Party B:
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Date:
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Date:
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Seal
and Stamp of Party A:
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Seal
and Stamp of Party A:
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