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Mall counter joint venture agreement


Contract number: _____________________

Party A: __________ limited liability company

Party B: ______________________

In accordance with the "Contract Law of the People's Republic of China" and the Articles of Association of Party A, in order to clarify the rights, obligations and responsibilities of both parties in the process of supply and marketing of goods, the contract is concluded through friendly negotiation between Party A and Party B, and they shall abide by:

Article 1 Basic Document Party B must provide a copy of the relevant license, such as a business license, tax registration certificate, trademark certificate, food hygiene permit, quality inspection report, etc., and a legal representative authorization letter.

The second counter is set up

1. Party A's _____ building provides _____ square meters of space to operate the brand's series of products; if Party B's goods are sold in Party A for the first time, Party A must pay _____ yuan for the entry fee.

2. Party B shall bear the expenses for the design and decoration of the counter. The specific method is: __________ Party B design, decoration Party B design, Party A decoration Party design, decoration and renovation Party A's existing facilities 3. After the contract expires, the ownership of the counter belongs to Party A. all.

Article 3 Settlement Methods and Requirements 1. Party A shall be the profit of the sales of _____% of Party B's sales per month;

2. In order to promote the sale of goods, Party B shall actively cooperate with Party A's various promotional activities, and _____% of sales per month shall be used as advertising promotion expenses;

3. Party A uses POP machines to sell goods, and Party B shall pay Party A a bar code production fee of _____% of sales per month;

4. Party B's monthly guaranteed sales and monthly guaranteed profit

When Party B's actual sales for _____ months exceeds or equals the guaranteed sales, Party A shall be _____% commissioned; when Party B's actual sales for _____ months does not reach the guaranteed sales, Party B shall be at the guaranteed profit amount. If _____ is completed within _____ months, Party A has the right to unilaterally adjust the business location and area of ​​Party B's products; if Party B fails to complete the planned bottom margin for _____ months or ranks in the sales of similar products ____ _, A has the right to terminate the agreement in advance; the mid-term stop operation is settled monthly according to the actual operation.

5. When Party B's accumulated sales of goods reaches _____ million yuan, Party B shall give Party A a year-end rebate, and the rebate amount shall be _____% of the accumulated sales;

6. After deducting the commission and related expenses, Party A shall pay the remaining sales amount to Party B within _____ days with Party B's _____% VAT invoice.

7. The transactions between Party A and Party B must strictly abide by the relevant provisions of the State on VAT, and must not borrow or fraudulently use the VAT invoices of third parties. Party B shall bear the losses caused to Party A in violation of these Terms.

8. The actual sales volume and sales of Party A's computer are used as the settlement basis, and the order is not used as the settlement basis.

Article 4 Delivery methods and requirements

1. The product name, specification, quantity, unit price and amount of the goods of Party B shall be subject to the order form of Party A's goods. After receiving the order form from Party A, Party B shall send the goods within _____ days. To Party A's designated delivery place _____, the expenses shall be borne by Party B, and Party A's order form is an integral part of the Agreement;

2. If Party B needs to postpone the supply or cannot supply due to force majeure, Party B shall notify Party A in writing within two days after receiving the order. Otherwise, if Party B cannot deliver the goods to the designated delivery place of Party A within seven days, Party B shall be deemed to be unable to supply for no reason. Party A has the right to deduct 50% of the unsupplied amount from Party B's sales for the month as liquidated damages and has the right to terminate this Agreement unilaterally.

Article 5 Business Period

1. The validity period of this Agreement is _____ years _____ months __ days to _____ years _____ months _____ days;

2. If the agreement expires, Party B shall submit a written application to Party A 30 days before the expiration of the agreement, and Party A may sign a new agreement if Party A agrees to do so. The agreement is terminated by itself.

3. Party B requests to cancel the contract in advance, and must submit a written application 30 days in advance, and can withdraw the cabinet after Party A agrees. If Party B withdraws or terminates the agreement without the consent of Party A, Party A shall compensate Party A in accordance with the guaranteed profit sharing method stipulated in this Agreement from the date of withdrawal or termination of this Agreement to the expiration of this Agreement.

Article 6 Party A’s responsibility

1. Provide relevant equipment and facilities for the mall for a fee;

2. Provide the management and operation management conditions of the shopping mall;

3. Supervise and manage the personnel dispatched by Party B, and provide sales and administrative training opportunities;

4. Responsible for the unified production of promotional advertisements and art work in shopping malls, but the relevant expenses shall be borne by Party B;

5. Responsible for the unified cash register of the shopping mall;

6. For the selection of commodities, the pricing of retail prices and the profit sharing are determined by mutual agreement, but Party A has the final decision.

Article 7 Party B’s Responsibility

Commodity management

1. The goods sold by Party B are limited to the contents of Article 2. If there is a new brand, it must be filled out in the “Additional Brand Introduction Approval Form” to be approved by Party A, and it can be sold on the cabinet after passing the examination and approval;

2. Party B's goods stored in Party A's premises shall be managed by Party B itself, and the risks shall be borne by Party B. The shipment of all goods must be approved by Party A's purchasing department, checked by Party A security personnel and exported in accordance with the prescribed export.

3. Party B must provide legal and valid business documents, strictly abide by national laws and regulations, and comply with relevant provisions of the State, such as the Product Quality Law, the Standardization Law, the Measurement Law, and the relevant provisions of Party A. For counterfeit and shoddy goods, Party B shall provide Party A with the actual conditions of the goods, including price, place of origin, producer, use, performance, specifications, grade, date of manufacture, certificate of inspection, instructions for use, etc., and may not change the trademark, exceeding the shelf life. Goods that are close to the expiration date, goods that are not fully qualified in Chinese may not be displayed or sold;

4. When Party A accepts the goods, Party A has the right to collect and claim the goods that do not meet the contract, and Party A reserves the right to object to the quality of the products that have passed the experience. Party B is responsible for the resale of the unsalable goods. Change processing

5. Party B shall, in accordance with the relevant laws and regulations of the State and the relevant provisions of Party A, implement quality assurance, exchange of goods, repair, warranty return and good after-sales service;

6. Party B shall not operate commodities that are similar or similar to other counters in the mall. If such a situation occurs, Party A shall deal with the principle of who operates the cabinet first, and Party B shall obey the unified management of Party A;

7. Party B shall allow the relevant state departments or Party A to conduct spot checks on the quality of the goods and bear the relevant sampling fees;

8. If a customer files a lawsuit against Party B's goods or business operations, or if the relevant government department makes certain amendments or penalties for its business activities or commodities, Party A has the right to make appropriate and appropriate complaints or amendments or penalties. For the corresponding treatment, Party B shall be subject to the decision and treatment method;

9. In the case of abnormal business operations, Party A has the right to request Party B to meet the display standards or terminate the agreement at any time;

10. If Party B violates the above provisions, Party A shall not bear any responsibility. Party B shall be liable for compensation for losses and injuries caused by the customer, and shall compensate Party A for the expenses and losses incurred by Party A.

Price management

1. Party B's commodity price must conform to the national price policy. Party B shall not arbitrarily adjust the price. If it is necessary to adjust the price, the official price adjustment notice shall be presented in advance, and the two parties may agree to execute the agreement;

2. The retail price of goods is _____. However, the selling price must not be higher than other shopping malls and specialty stores in the same city. Otherwise, Party A has the right to unilaterally reduce the price, increase the deduction point _____% or terminate this agreement.

3. If the similar products are sold in other shopping malls or specialty stores in the same city or other promotional activities, Party B shall notify Party A three days in advance so that Party A can enjoy the same preferential treatment. Otherwise, Party A has the right to reduce the price unilaterally and increase the deduction point _____%. Or terminate this Agreement.

4. The difference between the member price of the commodity and the sales price shall be borne by Party B at _____% of the actual sales.

5. When the market price of some of the goods that Party A has paid decreases, as long as the price reduction occurs before the settlement date, Party B shall compensate Party A for the losses suffered by Party A; if Party B intentionally conceals the price decline of the commodity market, Party B shall press Three times the actual sales of this part of the goods is paid to Party A as compensation.

Personnel management

1. The salesperson of the counter store of Party B shall be provided by the _____ party with the _____ name, and the expenses shall be borne by Party B, but the salesperson of the counter shall be qualified before being tested, assessed and trained by Party A before being employed;

2. Party B's salesperson shall abide by Party A's unified regulations. If there is any violation, Party A has the right to punish or require Party B to remove the person. Party B shall be jointly and severally liable for the Party’s reputation or interests affected by the actions of the relevant personnel of Party B.

Mall management

1. Party B shall abide by the business hours prescribed by Party A. Except as otherwise provided by Party A, Party B shall not suspend business during business hours;

2. Party B shall not display any advertisements or notices in the mall or counter without the prior consent of Party A;

3. Party B shall notify Party A immediately if any equipment provided by Party A is faulty or has adverse reactions, otherwise Party B shall bear the losses caused by Party B;

4. Party B has the ownership of the goods, and Party B bears all risks of the goods in the shopping mall. Party A is not responsible for the loss caused by the intentional negligence of the employee of Party A;

5. During the validity period of the agreement, Party B shall not arbitrarily cease business without the written consent of Party A, and shall not arbitrarily sublease the rights and obligations of this Agreement or the transfer of the counter to a third party, or cooperate with a third party to operate the counter and participate in other If there is any damage to the rights and interests of Party A, Party A has the right to terminate this Agreement;

6. If Party B violates the provisions of this Agreement, it will collect the bankruptcy, intercept the sales payment or transfer the wholesale to Party A's shopping mall. Party A may impose a fine of 10 to 100 times. Party B shall bear the penalty of 5,000 yuan - 10,000 yuan. Party A Have the right to terminate this Agreement;

7. If Party B violates the provisions of this Agreement and exceeds the business scope of Party B and Party A to engage in business activities and use the counter to conduct illegal or illegal operation, Party A shall not bear any consequences arising therefrom, and the losses caused shall be borne by Party B;

8. If the goods provided by Party B are deteriorated or packaged poorly and other reasons cause the goods to be unsalable, Party B shall unconditionally accept the return request from Party A. The return money and return fee shall be deducted from the payment. If the payment is insufficient, Party B shall make up for the deficiency. In part, if any other losses occur, Party B shall compensate in full;

9. If Party A's shopping mall structure, equipment and other related financial or other counters in the shopping mall suffer losses due to the actions of Party B or its agents or hiring, Party B shall be fully liable for compensation;

10. Party B shall obey all adjustments made by Party A due to changes in the business structure and layout of the store;

Article 8: Alteration, Dissolution and Termination of Agreement If Party B violates any of the provisions of this Agreement, Party A shall have the right to terminate this Agreement unilaterally except for the financial compensation given by Party A; if the Agreement cannot be fulfilled due to force majeure, the contract shall terminate itself;

Article 9 Other agreed matters Article 10 The relevant provisions of this Agreement shall be invalid by agreement between the parties and shall not affect the validity of other provisions of this Agreement.

Article 11: Liability for breach of contract and handling of disputes

1. The final interpretation right of this contract belongs to Party A. If there are any unfinished matters in the contract, the two parties can resolve the dispute through negotiation. If the negotiation fails, the court will appeal to the people's court for a ruling;

2. Any dispute arising from the execution of this contract or the relevant matters of the joint member shall be settled through friendly negotiation between the two parties. If the negotiation fails, either party may file a lawsuit with the people's court of the registered party of Party A;

Disclaimer: Our company and employees are different. In order to protect the rights and interests of suppliers, Party B shall not invite Party A employees to eat or entertain, nor give Party A employees any form of gifts. Upon discovery, Party A has the right to unilaterally terminate this Agreement. Party A shall not borrow money, borrow materials or transfer goods between the malls without the written authorization of Party A. If it occurs, it shall be deemed as its personal behavior, and Party A shall not bear any responsibility.

This Agreement is in quadruplicate. Party A shall hold three copies and Party B shall hold one copy, which shall have the same legal effect and shall take effect from the date of signature and seal.

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