[Boutique] agreement essay
Part 1: Agreement essay
Party A:
Party B:
Under the principle of equality and voluntariness, both sides of the Party and Party B have cooperated with each other through full friendly consultation.
Consensus on the development of the automotive after-sales maintenance and modification market in the region. Signing this agreement
On the basis of the investigation and research on the after-sales maintenance and modification market in Zhangzhou, Party A and Party A decided to jointly carry out this business on the basis of the investigation and research of the after-sales maintenance and modification market in Zhangzhou for 2 years.
The duration of the second partnership is three years, from the date of the year to the day of the year.
Three capital contributions, methods, deadlines
1. Each person contributes 10,000 yuan and tens of thousands of yuan. According to the actual investment situation, additional investment can be made.
2. The contribution of each person is delivered in monetary terms. 3. The partnership contributed a total of RMB 10,000. The contribution of each person during the cooperation period is the joint property, which is used for the facade transfer fee, the facade deposit, and the purchase of the equipment and the first-phase parts. The division and withdrawal may not be requested arbitrarily. After the termination of the agreement, the capital contribution of each partner is still owned by the individual and will be returned at that time.
The three parties agreed that: car maintenance, modification, and technical business are mainly handled by Party A. Party B is responsible for the company's financial and daily affairs. All inbound and outbound shipments and capital flows must be open and transparent. Party B must provide Party A with the financial situation of the day.
Four profit distributions, based on asset valuation, are proportionally distributed.
In order to manage and manage the company, it is elected as the person in charge. In order to fully utilize and mobilize the enthusiasm of the partners, the distribution of profits is distributed according to the contribution of the company, that is, 60% of Party A and 40% of Party B. A monthly salary of 800 yuan per person is used as the salary, and the remaining dividends are paid every four months. 2. Debt commitment: The partnership debt is first repaid by the partnership property. When the partnership property is insufficient, the responsible person should promptly report and liquidate. In the case of a loss in the process of capital operation, both parties will share the risk of cooperation according to the responsibility of the artist to share 50%.
Five-in-one, retreat, transfer of capital contribution
1. Occupation: 1 need to recognize this agreement; 2 need to be agreed by the partner; 3 implement the rights and obligations stipulated in the agreement.
2. Withdrawal: 1 need to have a valid reason to withdraw from the partnership; 2 can not withdraw from the partnership when the partnership is unfavorable; 3 withdrawal should be notified to the partner 1 month in advance and agreed by the partner; 4 after the withdrawal, the settlement of the property at the time of withdrawal, both Settlement by money; 5 if the loss is caused by the partner without the consent of the partner, compensation shall be made.
3. Transfer of capital: Allow partners to transfer their own contributions. At the time of transfer, the partner has the priority of transfer, such as a third party other than the transfer partner, and the third person is treated as an occupant.
The rights of the six partners and other partners
VII. The affairs of the enterprise are mainly responsible persons, supplemented by others, and participate in the operation and management of the enterprise.
Enterprises should set up books and bank accounts, and funds should not be used for other purposes.
Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of a partnership privately; if the business benefits from the partnership, the loss will be compensated according to the actual loss.
A partnership is prohibited from operating a business that competes with the partnership.
It is forbidden for partners to join other partnerships with other businesses.
If the partner violates the above-mentioned articles, the actual loss shall be compensated according to the partnership. Discouraged dissidents may be delisted by all partners.
Eight partnerships are terminated due to one of the following reasons: 1 the partnership period expires; 2 all partners agree to terminate the partnership; 3 the partnership is completed or cannot be completed.
Matters after the termination of the partnership: 1 The partners participate in the liquidation; 2 If there is a surplus after the liquidation, the order is based on the collection of creditor's rights, the settlement of debts, the return of capital, and the proportionate distribution of the remaining assets. Fixed assets and non-separable assets can be sold to partners or third parties at a price, and their prices participate in the distribution; 3 if there is a loss after liquidation, the joint property will be repaid first, and the part of the partnership property that is insufficiently paid off, the partner will bear the proportion of the capital contribution. .
If there is a dispute between the nine partners, they should be consulted together and resolved in a principle that is conducive to the development of the partnership and the friendship between friends.
Ten agreements entered into force on the date of conclusion
If there are any outstanding matters in the 11th Agreement, it shall be supplemented or revised by both parties. The contents of the supplement and modification are equivalent to this contract.
The original of the twelve agreements is in duplicate, and each party holds a copy.
Party A’s signature
Signature of Party B
Part 2: Agreement essay
Name _________, gender _________, age _________, address _________.
Name _________, gender _________, age _________, address _________.
Article 1 Partnership Purpose: _________
Article 2 Partnership Projects and Scope: _________
Article 3 Partnership Period
The term of the partnership is _________ years, from _________ years _________ months _________ days to _________ years _________ months _________ days.
Article 4 Capital Contribution, Method, and Term
1. Partner _________ is funded by _________, which is _________ yuan.
2. The partner _________ is funded by _________, which is _________ yuan.
3. The capital contribution of each partner shall be paid before the _________ year _________ month _________ day. If the payment is overdue or not delivered, the bank interest shall be paid in accordance with the amount of the unpaid amount and the resulting losses shall be compensated.
4. The total contribution of the partnership is RMB _________ yuan. The capital contribution of each partner during the partnership is still shared property and may not be requested to be divided at will. After the termination of the partnership, the capital contribution of each partner is still owned by the individual and will be returned at that time.
Article 5: Earnings Distribution and Debt Commitment
1. Earnings distribution, based on _________, is distributed proportionally.
2. Debt commitment: The partnership debt is first repaid by the partnership property. When the partnership property is insufficiently settled, it is based on the _________ of each partner and is assumed to be proportionate.
Article 6: Assignment, withdrawal, and transfer of capital contribution
1. Engagement:
Need to recognize this contract;
Subject to the consent of all partners;
Enforce the rights and obligations stipulated in the contract.
2. Withdraw from the team:
It is necessary to have a valid reason to withdraw from the partnership;
Do not withdraw from the partnership when the partnership is unfavorable;
Resignation must be notified to other partners _________ months in advance and agreed by all partners;
After retiring from the partnership, the settlement shall be made in the condition of the property at the time of withdrawal, and the payment shall be settled by money regardless of the method of capital contribution;
If the loss is caused by the withdrawal of the partnership to the partnership without the consent of the partner, compensation shall be made.
3. Transfer of capital: Allow partners to transfer their own contributions. At the time of transfer, the partner has the first right of transfer, such as a third party other than the transfer partner, and the third person should be treated as an affiliation, otherwise the transferor should be treated as a refusal.
Article 7 Rights of the person in charge of the partnership and other partners
1._________ is the person in charge of the partnership. Its license is:
Conduct business outside and enter into a contract;
Daily management of the partnership;
Selling partnership products and purchasing common goods;
Pay the partnership debt.
2. Rights of other partners:
Participate in the management of partnerships;
Listen to the report of the business person in charge of the partnership;
Check the partnership book and operations;
Jointly decide on major issues of the partnership.
Article 8 Prohibition
1. Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of a partnership privately; if the business benefits from the partnership, the loss will be compensated according to the actual loss.
2. It is forbidden for partners to operate business with partnership competition.
3. It is forbidden for partners to join other partnerships.
4. The partner is prohibited from signing a contract with the partnership.
5. If the partner violates the above-mentioned articles, the actual loss shall be compensated according to the partnership. Discouraged dissidents may be delisted by all partners.
Article 9 Matters after termination and termination of partnership
1. The partnership is terminated by one of the following:
The partnership period expires;
All partners agree to terminate the partnership;
The partnership is completed or cannot be completed;
The partnership was revoked in violation of the law;
The court dismissed the judgment on the request of the parties concerned.
2. Matters after the termination of the partnership:
The liquidator is recommended and the _________ intermediaries are invited to participate in the liquidation; if there is a surplus after liquidation, the order is based on the collection of creditor's rights, the settlement of debts, the return of capital, and the proportional distribution of the remaining assets. Fixed assets and indivisible objects, which can be sold to partners or third parties at a price, and their prices are allocated;
If there is a loss after liquidation, no matter how much the partner contributes, the partner shall repay the joint property first, and the part of the partnership property that is insufficiently paid shall be borne by the partner according to the proportion of capital contribution.
Article 10: Settlement of disputes
If there is a dispute between the partners, they should be consulted together and resolved in accordance with the principle of facilitating the development of the partnership. If the negotiation fails, you can go to the court.
Article 11 This contract shall become effective and commence business from the date of its conclusion and reporting to the industrial and commercial administration.
Article 12 If there are any outstanding matters in this contract, it shall be discussed or supplemented or modified by the partners. The contents of the supplement and modification are equivalent to this contract.
Article 13 Other: _________
Article 14 The original form of this contract is _________ copies, each of the partners shall hold one copy, and one copy shall be sent to _________.
Partner: _________ Partner: _________
_________Year ____________________________________________
Part 3: Agreement essay
Party A:
Address: Zip code: 410004
Phone: Fax: 0731—5078877
Party B:
Address Postcode:
telephone / fax:
On the basis of fairness, honesty, trust, equal cooperation and mutual benefit, Party A and Party B will jointly promote the education industry and provide excellent software products and perfection for the majority of schools on the basis of fairness, honesty, trust, equal cooperation and mutual benefit. The after-sales service is the purpose, and the following agreement is reached on the agency of Party B as the agent of the Golden Thinking 2000 book series software products officially authorized by Party A.
1. Authorized area and sales tasks
1. Party A authorizes Party B to be the software product area of the Golden Thinking 2000 book series of Changsha Golden Thinking Technology Co., Ltd.
2. Party B's annual sales task is 10,000 yuan.
3. The amount of the first delivery of Party B shall not be less than 10,000 yuan.
Second, the agency term
Party A authorizes Party B’s agent to be a leap year, from the date of the year to the date of the year. If the two parties are satisfied with the cooperation, they can negotiate to continue cooperation in the three months before the expiration of this contract. After negotiation, when the two parties agree to continue cooperation, they must sign an agency contract separately. This contract will automatically become invalid when the contract is signed.
Third, sales methods and prices
1. Party B may sell the Golden Thinking 2000 book series software products in wholesale or retail mode within the agency term according to the price system stipulated in this contract.
2. Party B's delivery discount is _ fold.
3. Party B shall not pay less than 10,000 yuan per quarter, otherwise it will be treated according to downgrade.
Fourth, the cumulative rebate method
1. When Party B accumulates the total amount of goods to 10,000 yuan, Party A will return the difference to Party B, so that Party B's previous overall delivery discount will be changed to _____, and Party B can also enjoy this discount after receiving the goods.
2. When Party B's accumulated delivery amount reaches 10,000 yuan, Party A will return the difference to Party B, so that Party B's previous overall delivery discount will become _____ discount, and Party B can also enjoy this discount after receiving the goods.
3. When Party B's accumulated delivery amount reaches _10,000 yuan, Party A will return the difference to Party B, so that Party B's previous overall delivery discount will become _____ fold, and Party B can also enjoy this discount after receiving the goods.
4. The time limit for the above cumulative rebate is 1 year. If Party B rises to the previous level within one year, it will give the difference rebate according to the accumulated sales for the current year. If you rise to the previous level after one year, you will not be able to enjoy the difference rebate of the original accumulated sales.
5. The accumulated rebate amount will be deducted from the purchase price when Party B purchases the next time.
6. Party B shall not charge less than _10,000 yuan each time, otherwise it will not be able to calculate the delivery discount according to the current level.
5. Market support and rewards
1. Party A will give Party B the market fee of % of the accumulated amount of the goods to be used as support for the agent to explore the local market. Before Party B conducts marketing activities or advertisements, it must report the market plan to Party A for record, and then reimburse it to Party A with the copy of the invoice and the original of the advertisement. Party A will cash the product in the form of product. Party B cannot enjoy Party A's market support costs without advertising or marketing activities.
2. If Party B completes the annual sales task, Party A will give Party B the year-end bonus of % of the accumulated amount of the goods. Party A will conduct year-end closing in January and cash the year-end rewards in the form of products.
Party A's rights and obligations
1. Party A shall provide Party B with training for Party B's sales and technical personnel once a year. The training time and training venue shall be arranged by Party A. If Party A arranges nationwide unified training, Party A shall be responsible for the room and board expenses of Party B during the training period, and the fee shall be deducted from the next payment.
2. The above policies are only for core agents and general agents, and ordinary agents do not enjoy this right.
3. Party A shall provide Party B with the latest product training materials in a timely manner.
4. Party A provides Party B with relevant publicity materials for the Golden Thinking 2000 book series software products. In principle, Golden Thinking provides the agent with a demo CD and supporting color pages according to the number of delivery sets. If there is a major event that requires support in this regard, Party B needs to report to apply for additional support.
5. Party A is obliged to provide guidance and answers on the technical issues raised by Party B by telephone, fax or E-mail.
6. Party A assists Party B in the local market promotion and product image establishment.
5. Party A is responsible for stocking, inspecting and delivering goods to Party B on time, and ensuring the integrity and integrity of the products, and free replacement of goods that are indeed quality problems.
6. When Party B makes an infringement and piracy that harms Party A's interests, Party A has the right to terminate the agreement and investigate Party B's responsibilities according to law.
7. Party A's certification assessment is conducted quarterly. After the comprehensive assessment, if the assessment is unqualified, Golden Thinking Technology Co., Ltd. will fully communicate with the agent and help the agent to improve; if Party B has not improved, Party A reserves the right to downgrade Party B.
8. Party A's software price changes shall be notified to Party B 15 days in advance.
7. Party B’s rights and obligations
1. Pay the payment to Party A in time according to the requirements of the agreement and complete the operational indicators of this agreement.
2. Actively expand the local market, so that the sales of the Golden Thinking 2000 book series software products cover the areas under its jurisdiction and actively develop the next-level dealers.
3. Party B shall strictly sell the software of the 2000 Think Series book series in accordance with the price stipulated by Party A, and shall not reduce the price or increase the price. In the event of a violation of the above price system, the agent will be fined until the agent is disqualified.
4. Assist Party A to carry out market promotion and product image establishment in the local area.
5. Fully responsible for the after-sales service and technical support of local users, including users developed by both parties.
6. Actively assist Party A's software upgrades and actively provide users with feedback and suggestions on products.
7. Party B is responsible for collecting relevant information on the piracy of Party A's products in the local area, providing effective clues to assist Party A in combating piracy activities.
8. Party B shall provide the final user list in time so that Party A can provide users with good after-sales service in time with the cooperation of Party B.
Eight, ordering, settlement and return:
1. Party B must submit a written or verbal delivery request to Party A three days in advance.
2. Party A will deliver the goods to Party B upon receipt of Party B's official order and fax receipt.
3. If Party B fails to pay on time, Party B will impose a penalty of 2 baht per day for the purchase price.
9. Supply and transportation methods:
1. Party A will deliver the goods within 5 working days after receiving the order from Party B.
2. The mode of transportation is that Party B can directly pick up the goods from Party A or use the mailing method, and the expenses will be paid by Party B.
X. Confidentiality clause
The program and related documents of the Golden Thinking 2000 book series software products and Party A's sales plan, price policy and market strategy are all valuable business secrets of Party A. Party B guarantees not to disclose these trade secrets, nor is it not covered by this contract. Use these secrets for the purpose.
Party B's relevant products and market files are all valuable business secrets of Party B. Party A guarantees that it will not disclose Party B's trade secrets and will not use these secrets for purposes other than those specified in this contract.
Both parties should formulate relevant systems within their own functions and powers to ensure that employees are not leaked. Once the other party's trade secrets are found to be leaking, they should immediately notify the other party and take relief measures as much as possible to minimize the loss.
At the termination of this contract, both parties shall return to the other party all the relevant information and backups of the other party and continue to be obliged to keep confidential until the other party discloses them.
XI, default treatment
If a party violates any of the terms of this contract, the other party may give written notice to the defaulting party at any time thereafter. The defaulting party shall give a written reply and take remedial measures within 15 days. If the defaulting party gives no reply or no Remedial measures, non-defaulting parties may terminate the execution of this contract and demand damages according to law.
XII. Dispute Resolution
1. The disputes relating to this contract arising from the execution of this contract shall be settled in accordance with the principle of friendly negotiation;
2. If the two parties cannot reach an agreement through negotiation, they shall submit it to the Arbitration Commission for arbitration;
3. In the course of dispute resolution, the rest of the agreement shall continue to be executed except for the part being negotiated or arbitrated.
XIII. The integrity of the terms
Both Party A and Party B have acknowledged that they have read this contract and agree that this contract is the entire record of all the contracts and agreements between the parties regarding agency cooperation and has replaced all previous oral or written agreements, letters of intent and suggestions. This contract may not be changed without the written amendments of both parties.
The contract subsidiary file is an integral part of the contract and has the same effect as the contract text.
XIV. Modification of the contract
The contract is in the process of fulfillment. If one party believes that it needs to be revised, it must submit a written amendment proposal and reason to the other party. After both parties have agreed to modify it, it can be modified and form an auxiliary file of this contract. If the parties do not reach a new amendment, the original contract will continue to be valid.
Fifteen, force majeure
1. In the course of execution of the contract, if there is a force majeure accident such as war, flood, fire, earthquake, etc., which will affect the normal performance of the contract, the party affected by the force majeure shall notify the other party of the situation of the force majeure accident as soon as possible. And as soon as possible, the supporting documents issued by the relevant authorities will be submitted to the other party for confirmation.
2. The two sides will negotiate the further implementation of this contract as soon as possible based on the impact of this force majeure accident.
3. The party affected by force majeure shall not be liable for any delay in the performance of the contract or failure to perform normally due to force majeure.
Sixteen, title
The headings of this contract only have the effect of prompting and attention, and no expanded explanation. All interpretations of the contents of the contract are based on the body of the title.
17. Effective
This contract shall become effective on the date of signature and seal by both parties.
This contract is made in two copies, each party holding one copy and having the same legal effect.
person A person B:
Contractor: Signatory:
Year, month, day, month, day
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