Whether the supplier can actively cooperate with the supermarket is not the binding force of the agreement, but the strength of your supermarket. No matter how good the agreement is, your supermarket has no strength, and the supplier will not take you seriously. If your supermarket is strong and has great influence in the local area, then simply sign a supply and marketing contract with the supplier, and the supplier will look at you and act with eyes. Therefore, the key to starting a business is to work hard on your own to provide corporate visibility. Here is a copy of our agreement, which is not necessarily good. It is for reference only, and guidance is welcome:
Commodity supply contract
Party A:
Address:
Legal representative:
Party B:
Address:
Legal representative:
According to "The People's Republic of China * * * and"
1. general provisions
1. before signing this agreement, party b shall provide the business license, tax registration certificate and other certificates of its own qualifications, and at the same time submit relevant accompanying documents related to the production, agency, wholesale or import license of goods, and keep copies.
2. All kinds of certificates provided by Party B must be within the approved validity period. If it is verified that the supplier provides false, forged or expired certificates or inspection reports, Party A has the right to request Party B to compensate all the economic losses caused thereby, and may clear the goods according to different circumstances until this agreement is terminated.
3. During the agreement period, the goods provided by Party B will enter Party A's store for sale after being approved by Party A.. Party A can independently choose Party B's commodity category for sale according to its own business needs.
4. Party B guarantees that the goods sold in Party A are free from any defects, including no infringement of the rights of any third party, no third party claims, and no sales are prohibited or restricted according to law.
II. Term of the agreement:
1. This contract is valid for one year, from (year) to (year), and its validity includes all agreements (including orders and accessories) between Party A and Party B on the purchase and sale of goods within the validity period.
2. If both parties fail to renew the contract within one month before the expiration of this agreement, or Party A stops ordering from Party B during the agreement period, it can be regarded as automatically dissolving the business relationship between the two parties.
3. before the expiration of the agreement, party a may decide to withdraw the goods or terminate the agreement according to the sales performance and related performance of party b's goods.
III. Commodities
1. Category and brand of goods supplied by Party B:
2. When Party B sells new products in Party A's stores, it must apply in accordance with the provisions of Party A's new product introduction procedures, fill in relevant materials (it is valid only after being stamped with the official seal of the supplier), and it can only be approved by Party A..
3. Party A conducts a trial sale of Party B's new products for 3 months, and Party A has the right to choose to continue operating or stop selling according to the sales situation of the goods during the trial sale period. If the sales are stopped, all fees charged by Party A when Party B originally entered will not be refunded.
IV. Price
1. The specific price of the goods supplied by Party B shall be negotiated by both parties, subject to the "quotation sheet" signed and sealed by both parties, and the commodity price has included VAT.
2. Party B promises that the price of the goods supplied is the lowest supply price in the market. If Party B violates the above commitment, Party B shall pay Party A a liquidated damages at twice the price of the goods supplied.
3. party b guarantees the stability of the price provided. if there is any price change, it shall notify party a in writing before the change. If the price is raised, both parties shall still implement the original agreement before reaching an agreement on changing the price, and Party B shall not limit the order quantity of Party A's best-selling goods for any reason. If the price is lowered, after the final agreed price is determined with Party A, all inventory differences of the commodity in Party A shall be made up from the agreed date.
V. Supply and return management
1. Place of supply: the receiving office of Party A's store.
2. Party A requests goods from Party B by telephone, fax, EDI, etc. Party B shall deliver the goods to Party A's receiving place within the time stipulated in the order according to the product variety, specification and quantity of Party A's order and with Party B's delivery list. Party B shall notify Party A in writing 1 days in advance of the expected out-of-stock phenomenon.
party b's delivery list shall specify the name, specification, unit price, quantity and amount of the delivered goods. if the above items cannot be specified in the delivery list of party b, party a has the right to refuse to receive the goods.
3. if party a fails to receive the goods from party b within the delivery time stipulated in this order, party a has the right to decide to keep or cancel this order according to its own choice, and ask party b to pay a penalty of 1% of the payment amount of this order. If the actual loss exceeds the liquidated damages calculated above, Party A may require Party B to pay the actual loss to replace the liquidated damages.
4. The goods provided by Party B must conform to the provisions of Party A on the shelf life of the goods in the acceptance.
5. Party A shall properly arrange the staff to make preliminary acceptance of the type, specification, origin, quantity and packaging of Party B's goods according to the order within 12 hours after the arrival of the goods, and issue the receipt certificate; If the goods do not meet the requirements of this contract and the order, you can refuse to accept them. If the acceptance cannot be completed within 12 hours under special circumstances, a receipt for acceptance shall be issued and the specific time for completion of acceptance shall be informed.
6. both parties agree on the conditions for goods return:
A, goods with poor quality
B, unsalable goods
C, forged or expired certificates provided by party b or the necessary certificates failed to be provided
D, inferior goods
E, goods that are inconsistent with the information in Party A's master file
F, and seasonal goods
g.
7. Party A shall notify Party B in writing or by telephone of the return of goods, and Party B shall verify and confirm the returned goods within 5 days after receiving the notice, and be responsible for replacing or taking back the returned goods within 11 days. If Party A fails to reply within the time limit or replace or recover the returned goods within the specified time limit, Party A has the right to unilaterally dispose of the goods and deduct the loss of the payment for the goods at the time of settlement.
8. the delivery and return expenses shall be borne by party b.
VI. Fees
1. Party B confirms that it agrees to pay relevant fees to Party A according to the following standards:
(1) Admission fee: RMB, which shall be paid in one lump sum when the agreement is signed;
(2) Bar code fee: _ _ _ _ Yuan per new product, which shall be paid by Party B when the new product enters the market;
(3) exhibition fee: _ _ _ _ _ _ yuan/month;
(4) Express fee: RMB/period;
(5) Festival fee: RMB/year;
(6) Consumables fee:%/payment payable;
(7) Management fee for promoters: RMB/person? Month, living expenses of promoters: yuan/person? Month;
(8) stored-value card fee:/month of stored-value card sales, UnionPay card fee:/month of UnionPay card sales;
party b agrees that the above expenses will be deducted from the payable payment when party a settles the payment for party b.
2. if party b needs to use special display methods such as terminal, stacking head and special shelf in party a's store, it shall pay party a separately, and the specific fee standard shall be negotiated separately by both parties.
VII. Settlement
1. Settlement method: both parties agree to settle by one of the following settlement methods:
() A. Cash settlement: cash on delivery.
() b. After-sale settlement: natural month is the settlement cycle, and the settlement time is 11-25th of the following month.
( )C, settlement by pressing the batch: the next batch of goods will be delivered to settle the payment for the last batch, but the amount of money pressed shall not be less than 1∕2 of the inventory in Party A's mall.
( )D, distribution account period: account period days.
2. in case of monthly settlement cycle, the settlement time is 11-25th of the following month, and in case of other settlement periods, it is 5-11th after the due date. The specific settlement time shall be subject to the time specified by the financial department of Party A..
3. At the time of settlement, Party B shall hold the receipt voucher (settlement coupon) and special VAT invoice issued by Party A during inspection. If Party B can't provide the special VAT invoice, Party A has the right to withhold the payment of Party B according to the VAT amount at the time of settlement.
4. Party A shall try its best to establish a smooth, convenient and barrier-free settlement mechanism, and pay the payment for the sales according to the agreed time and settlement method, and Party B shall pay the fees agreed by both parties as agreed.
5. regardless of the termination of this agreement for any reason, party a can inform party b to clear the site and take stock at the same time on the day of receiving or making a written notice of termination of this agreement, and has the right to return all unsold goods, and both parties shall settle the outstanding accounts within 7 days from the date of completion of the return.
VIII. Promotion
1. Party B shall cooperate with Party A's overall promotion activities in store celebrations and major festivals, provide appropriate promotional goods, and share relevant expenses reasonably.
2. Party B must inform Party A in advance and put forward the contents of the promotion activities, which can only be implemented after approval. If necessary, Party A can help.
3. The promotional activities carried out by Party B and the corresponding manufacturers in the administrative area of the city shall be carried out in this supermarket at the same time, and the contents of the activities shall be informed in advance.
4. during the promotion activities, party b must ensure the supply of promotional goods agreed in the promotion plan. during the period, if party b is out of stock for any reason, party b shall bear the corresponding losses of party a. Where Party A is exposed by the news due to the out-of-stock of Party B's promotional goods, Party A has the right to demand compensation for the loss of goodwill.
5. during the promotion period, party a has the right to inspect party b's promotion activities.
IX. Commodity quality
1. Commodity quality deposit: Party B shall pay the commodity quality deposit RMB to Party A within 5 days from the date of signing the agreement, or Party A shall deduct it from the payment when Party B settles the payment. Upon the expiration of the agreement, Party B has been out of the market for half a year, and there have been no consumer complaints about the quality of Party B's goods or services, and Party A will return them in full without interest.
2. Party B shall ensure that the quality of the goods it provides meets the quality standards agreed in the agreement or order; Where Party B provides a description of the quality of the goods, it shall meet the quality requirements of the description. Quality requirements are not clear, in accordance with national standards and industry standards; If there is no national standard or industry standard, it shall be performed according to the usual standard or the specific standard that meets the purpose of the contract.
3. The outer packaging of the goods provided by Party B shall comply with the provisions of the People's Republic of China and relevant laws and regulations of China, and indicate the product name, manufacturer's name and address, specifications, grades, adopted product standards, quality inspection certificate, instructions for use, production date, safe use period or expiration period, warning signs and other instructions in Chinese. Commodities should use regular bar codes to facilitate POS identification; Goods without bar codes shall be stated in Annex I, and internal bar codes shall be purchased from Party B and pasted on the outer packaging of the goods.
4. Party B is responsible for solving consumer complaints caused by the goods it provides. When Party A is liable for breach of contract or infringement to consumers or other manufacturers according to law for selling the goods provided by Party B, Party B shall be liable for compensation, and compensate all the compensation paid by Party A and all the expenses (including attorney's fees, legal fees, etc.) arising therefrom, and compensate Party A for the loss of goodwill. Party A also has the right to terminate the payment and deduct the above expenses from the payment.
5. Any inspection fees incurred by law enforcement agencies for random inspection of commodity quality, or Party A entrusts relevant administrative departments or their authorized or entrusted departments for commodity quality inspection, random inspection and random inspection shall be borne by Party B..
5. The measurement of quantitatively packed goods provided by Party B must be carried out in accordance with the Supervision Regulations on Weighing and Measuring of Quantified Packaged Goods issued by the State Bureau of Metrology and Supervision.
6. Party B shall not arbitrarily change the specifications of commodity bar code and goods. If it is necessary to change, it must be approved by Party A, and the relevant formalities shall be handled in time to provide the commodity bar code certificate before delivery. Party B's commodity bar code has false codes, wrong codes, garbled codes, duplicate codes and multiple products in one code. If this product is treated as a quality accident, it shall compensate Party A for its losses.
X. Other agreements
1. In case of fire, earthquake and other force majeure or government actions, this agreement will be terminated naturally, and both parties will not be liable for compensation.
2. if party b cheats in business dealings with party a, it shall compensate party a for the actual loss and bear the liability for breach of contract. if the circumstances are serious, the agreement shall be terminated.
3. Party A has the right to terminate this agreement if Party B offers any commercial bribe to Party A's employees, and all other behaviors that directly benefit Party A's employees materially, or if Party A's employees offer any form of entertainment (including catering, entertainment and any form of personal gifts) to Party B in private.
4. if the goods or payment handled by party b are sealed up, detained or frozen by the court or other functional departments according to law, the losses shall be borne by party b, and party a has the right to terminate this agreement after deducting all the expenses that party b should pay to party a.
5. No matter why this agreement is terminated, all fees collected by Party A will not be refunded to Party B..
6. in case of any dispute during the performance of this agreement, both parties shall settle it through negotiation; if negotiation fails, either party may bring a lawsuit to the people's court where Party A is located.
7. this agreement shall come into effect after being signed and sealed by both parties. If there are any unfinished matters, a supplementary agreement shall be made through consultation between both parties. The supplementary agreement has the same effect as this contract.
8. this agreement is made in duplicate, one for party a and one for party b.
Special terms:
Party A has asked Party B to fully and accurately understand the terms of this agreement, and explained the corresponding terms at the request of Party B, and Party B has no objection to all the terms.
party a: party b:
address: address:
telephone:
legal representative: Legal representative:
entrusted representative: entrusted representative:
signing date: year month day signing date: year month day.