(a) the underlying goods:
1. In order to support the business development of Party B, within the validity period of this contract, Party A will provide Party B with a loan of RMB 400,000 (excluding special items) in the first year. Starting from the second year, the bottom goods will be reduced by 100 thousand yuan every year.
2. The goods provided by Party A to Party B are equal to the working capital of the goods lent to Party B by Party A. When the contract expires or both parties agree to terminate the contract early, Party B shall refund all the payment.
3. Party A has the right to check Party B's inventory at any time, and Party B must ensure that the total amount of goods in the shopping mall and the payment in transit are not less than the amount of goods actually distributed to Party B by Party A, otherwise it will be deemed that Party B has misappropriated Party A's funds and implemented according to the sales reward and punishment clauses. Party A has the right to ask Party B to return the unreasonably occupied funds within a time limit. If Party B fails to return the funds on time, Party A has the right to terminate this contract and pursue Party B's legal responsibilities.
4. According to the agreement, Party B shall return the loan of RMB100000 to Party A at the end of August each year. If it is not returned, Party A has
The right to deduct from Party B's payment. When the contract expires and Party B can achieve the annual target or profit, Party B shall return all the payment.
(2) Supply and return:
1. The delivery price of Party B is futures buyout or spot buyout. The unified ex-factory price of Party A's suit factory is 8.2 fold, and the unified ex-factory price of leisure factory is 8.0 fold. When supplying goods to Party B, the purchase contract or fax must be confirmed by Party A. If Party A fails to deliver the goods in time according to the delivery date and the delay exceeds 3 days, Party A shall compensate for the delay by 3%; Except for force majeure, if it exceeds 10 days, Party B has the right to refuse to take delivery, and Party A shall compensate for the delay by 6%; If Party B fails to pick up the goods on schedule and delays for more than 3 days, it shall be compensated by 3% of the delayed part; If Party B fails to take delivery of the goods for more than 20 days, it shall be deemed that Party B refuses to take delivery of the goods without reason, and Party A may handle it by itself and punish Party B according to 30% of the payment.
2. The retail price sold by Party B shall be supervised by Party A. The actual average retail price in Nanjing shall not be higher than the ex-factory price plus 140%. The actual average retail price of surrounding stores is the same as that of Jiangxi and Anhui (refer to Nanjing for the special halls of surrounding shopping malls).
3. When Party B takes delivery from Party A, it shall pay the payment when it takes delivery again. Party B shall not violate Party A's payment and delivery for any reason.
4. Party B can choose its own variety, which is not restricted by Party A. Party A guarantees fair and reasonable supply and does not raise prices in disguise.
5. Party B is responsible for the long-distance freight for picking up goods and returning goods with quality problems, and Party A is responsible for the delivery and short-distance freight (from the company to Shishi section).
6. Party A will refund the price difference of second-hand goods in stock in the Mid-Autumn Festival, winter and autumn received by Party B from the former general agent in Jiangsu Province, with the unsold part of summer goods returned to the company before 2006,5438+0, 1, 1, and Party B will buy out the second-hand goods after the price difference is refunded.
(three) payment base (including leisure factory products):
1, 2.5 million yuan in the first year, increasing by 20% every year from the second year.
2. Reward and punishment methods:
① If the adult payment base is not reached, the first year shall be as stipulated by Party A? Inefficient market handling? . If it is not completed in the second year, Party A has the right to take back the management and revenue authority of the second-level franchise store until the contract is terminated.
(2) When Party A unreasonably occupies 65,438+00% of Party B's bedding fund, Party A has the right to demand repayment within a time limit and charge a late fee of 2%/ month; When it reaches 20%, Party A has the right to terminate the contract;
(4) VAT stamp and payment in transit:
1. For Party B's shopping mall payment, Party A will issue a VAT invoice on time, and Party B will directly remit the payment from the shopping mall to Party A's account, which will be counted as Party B's payment upon receipt. Party B shall pay 4% to Party A in the first year, 5% in the second year and 6% in the third year according to the total value-added tax invoice issued by Party A every year.
2. According to the amount of the sales receipt of the mall, Party A issues a VAT invoice and Party B delivers it to the mall. The payment is in transit before it reaches the account of Party A.. Within 30 days from the date when Party A issues the VAT invoice, 50% of the tax invoice amount can be deducted from Party B's payment, and the overdue payment can only reach Party A's account after being deducted in cash.
3. Party B shall be solely responsible for the collection of payment in transit.
(5) Advertising expenses:
1. The advertising expenses of Nanjing Shopping Mall shall be borne by Party B. After Party A agrees to put outdoor advertisements in Nanjing, Party A and Party B shall bear 50% respectively.
2. In the first year and the second year, Party A subsidizes Party B's investment promotion and advertising fee of RMB 6,543,800+0.5 million each year, and reimburses it to Party A in one lump sum based on the advertising invoice.
3. The advertising fees and decoration subsidies of surrounding stores shall be implemented according to the unified standards of the company.
(VI) Since Party B needs to redecorate the special hall of the shopping mall after taking over the Jiangsu market, Party A agrees to subsidize each of the four shopping malls by 5,000 yuan. After one-time subsidy, it will not be subsidized in the future.
(7) Group customization business:
1. Party A is responsible for providing sample fabrics customized by the Group, proofing, measuring, signing contracts and processing orders, and is responsible for product quality; Party B is responsible for taking orders and taking full responsibility for the withdrawal of payment. (The payment that cannot be returned due to serious quality problems shall be borne by Party A).
2. Party B enjoys the unified business policy and reward and punishment policy of the group customization business formulated by Party A, and Party A shall provide Party B with corresponding documents as the basis for conducting business, and Party B shall protect Party A's business secrets and shall not disclose them.
3. For the customized group business undertaken by Party B, a copy of the signed contract must be submitted to Party A's finance department to supervise the payment of customized group money, otherwise Party A will not place an order for production.
Verb (abbreviation for verb) Other matters
(1) This contract shall come into effect as of the date of signing, and Party A shall terminate the original agency contract and recover the agency right.
(II) After this contract comes into effect, Party B shall be responsible for its own profits and losses, and Party A shall be responsible for its operation.
Party B shall not be jointly and severally liable for any creditor's rights and debts.
(III) The effective date of this contract is the first cooperation year, and the second-tier franchisees shall implement it according to the new management standards.
(4) Except for the special terms and conditions of this contract, any breach of any terms and conditions of this contract by either party shall be regarded as unilateral breach of contract, and the breaching party shall bear all losses caused thereby.
(V) This contract is made in quadruplicate, with each party holding two copies, all of which have the same legal effect. Matters not covered shall be settled by both parties through consultation.
Party A:
Legal representative (signature):
Party B (signature): Date of signing the contract: Date of signing the contract: Li Lang Building, Jinjiang City, Fujian Province.
Model article 3 of franchise agency contract Party A: Guangzhou Junyi Trading Co., Ltd.
Party B:
After careful market research and based on the principles of equality, reciprocity, mutual benefit and common development, Party B agrees to join the bouquet chain sales system, and both parties reach the following agreement on cooperation:
First, the provincial general agent business qualifications
Party B must have the qualification of an independent legal person or natural person, have a good reputation and no bad credit record, and be willing to cooperate sincerely with the company to jointly develop the fragrance market and achieve a win-win situation.
Second, the qualification to operate the provincial general agent
Party B shall provide legal business premises and relevant procedures (business license and tax registration certificate).
Party B is responsible for decorating and arranging the display racks and other display items (calculated according to the actual occurrence date), and the contents of the signboard must be made according to the contents provided by Party A. ..
Party B needs to buy a set of Bouquetslove products from Party A, which is RMB 654.38+10,000 according to the actual date of occurrence. Party A shall supply the goods to Party B at the national unified retail price according to the discount of the franchised provincial general agent, and Party B shall implement the national unified retail price, or collect the business of municipal agents and franchisees.
Party B pays Party A a deposit of 65,438+00,000 yuan and a brand joining fee of 4,000 yuan, and Party A provides Party B with various product catalogues, promotion and publicity, etc.
If Party B violates the unified national sales system, once it is discovered, it will be regarded as a breach of contract, and Party A has the right to stop and terminate the supply, and finally cancel its sales and agency qualification.
Party B must set up more than 65,438+05 chain stores or 6 municipal agents within half a year, or replenish more than 200,000 yuan. Reward according to 3% of the total procurement performance.
If Party B fails to achieve the target within 6 months, it will be deemed as giving up the general agent qualification in the second half of the year. (semi-annual evaluation)
Party B collects fees from municipal agents and franchisees according to the national unified retail price and proper operation. If there is a violation, it will be regarded as a breach of contract. Party A has the right to stop supplying and cancel all qualifications of Party B. ..
Every time Party B applies to join a company, Party A can pay Party B a brand joining fee of 4000*50%.
Third, the use of trademark bouquet.
Party A authorizes Party B's store to use bouques love's registered trademarks of flowers and characters as hanging signs, and agrees that Party B can use bouques love's registered trademarks of flowers and characters for product sales and advertising.
Party B's store rent, decoration, working capital of equipment and products, auxiliary materials and other expenses shall be borne by Party B. ..
Party A and Party B are independent business units, and there is no joint investment and employment contract relationship. Party B shall operate in accordance with the laws of People's Republic of China (PRC) and shall not engage in illegal activities.
Fourth, training methods.
During the operation period, Party A will train sales staff for Party B free of charge, and provide services such as decoration and layout, unified brand image in the market, and unified decoration design. During the operation period, due to Party B's application, Party A will send professional technical sales consultants to coach Party B free of charge and guide Party B into the normal sales track. (The accommodation and transportation expenses of Party A's training lecturers shall be borne by Party B)
Verb (abbreviation of verb) Regional protection of Party B.
In order to ensure the retail interests of all regions, the exclusive store set up by Party B shall not exceed the agency area, and once found, it shall be deemed as a breach of contract.
Advertising support of intransitive verb Party A
Party A will provide corresponding advertising support according to regional media. (According to the market expansion plan), Party B will cooperate with Party A to carry out corresponding promotion activities for the target consumer groups.
Party A will publish planning information (in the form of briefing) from time to time, and provide the sales experience of each chain store for exchange.
Seven, chain operation market management
Party B is willing to abide by the unified market management system of Party A's country. Any violation of the following market management conditions will be regarded as Party B's automatic waiver. For serious cases, Party A will reserve the right to resort to law: any words and deeds that damage the image of Party A's enterprise or related products. Disrupting the unified national market, engaging in unfair low-price competition or illegal business operations and smuggling of goods. Selling products not authorized by Bouquetslove (referring to similar products). Violation of Party A's price management system, selling Party A's products at 20% lower than the unified price (except for the promotion period agreed by both parties in writing).
More than 20% of the municipal agencies in Party B's area have more than (1? The behavior in Paragraph 4) shall be deemed as Party B's breach of contract.
Party B has the above (Article 7 1? Paragraph 5) This behavior is regarded as Party B's breach of contract, and the deposit paid by Party A will be confiscated in full. As compensation for breach of contract, Party A has the right to stop supplying and finally cancel its business qualification, and Party B shall have no objection.
VIII. Incentives
1. There are more than 0 provincial agents in China 10, and the selected general agent will receive a bonus of 5% of the general agent's monthly purchasing performance, which will be provided by Party A. ..
2. Upon verification, those who report violations of market management will be awarded a one-time reward of RMB 65,438+0,000.
Nine. terms of payment
Every time Party B goes to the warehouse designated by Party A to replenish the goods, the goods will be delivered within 72 hours after the payment is received, and Party A shall not delay.
If Party A handles the transportation of goods on behalf of Party A due to traffic factors, the transportation expenses shall be handled by Party B and paid to the delivery system according to the actual calculation. Party B shall notify Party A by telephone or fax within 24 hours after the arrival of the goods and confirm the receipt. If the amount of one shipment exceeds 6000 yuan, the freight shall be borne by Party A, and the air freight or express delivery fee shall be paid by Party B. ..
X. principle of return and exchange
Return and exchange should be pollution-free and damage-free. Party A guarantees the quality of its goods, and Party B will notify Party A within 24 hours after receiving the goods, and Party A will return them unconditionally (Party B must return them in the original packaging). If the product is damaged for the third reason (freight company? Wait a minute. ), the loss shall be borne by both parties. Within 3 months after purchasing the first batch of goods, Party B can provide 30% replacement (products not replaced). The unsalable products can be exchanged at a discount within 3 months with the consent of both parties.
XI。 responsibility for breach of contract
Party A and Party B shall strictly abide by this agreement, and neither party may change or terminate this agreement without authorization. If either party violates this agreement, it shall pay the other party a penalty of 10000 yuan.
Twelve. Termination of contract
1. 1 year later, if Party B feels that it does not meet the agency conditions and there is no breach of contract, Party B has the right to terminate the contract.
2. Party B unconditionally transfers all store contracts, transfers all the brand joining fees charged by Party B to Party A (excluding interest), and Party A returns the agency deposit paid by Party B to Party B in full (excluding interest).
3. Party B's change of municipal stores shall also be handled in accordance with the above Article 1.
Thirteen. This contract is made in duplicate, one for each party, with the same legal effect, and shall come into force after being signed and sealed by both parties.
14. For matters not covered in this contract, a supplementary agreement can be signed as a supplementary agreement to this contract, which has the same legal effect as this contract.
Attachment: unified retail price list and discount table for all products.
Sixteen. Agency sales area:
Party A: Guangzhou Junyi Trading Co., Ltd. (Seal) Party B (Seal) Representative of Party A:
Date of signing:
Address:
Telephone message:
Fax: Date, month and year signed by Party B's representative: Address: Telegraph: Fax: Date, month and year.