CONTRACT OF CONSULTATION SERVICE OF PRODUCTS INFORMATION 合 同 号：Contract No.: 签订日期：Date of Signature: 签订地点：Place of Signature Consignor: 委托方 Consignee: 受委托方 通过友好协商，中国_______公司（以下简称委托方）为一方，______国CONTRACT OF CONSULTATION SERVICE OF PRODUCTS INFORMATION
合 同 号：Contract No.:
签订日期：Date of Signature:
签订地点：Place of Signature
This Contract is made and entered into through friendly negotiation by and between China________(hereinafter referred to as “Consignor”), as one party, and________(hereinafter referred to as“Consignee”), as the other party. Authorized representatives of both parties signed the service contract under the following terms and conditions:
第一条 合同内容Article 1 Contents of Service
Whereas Consignor desires to obtain the service from Consignee and Consignee has agreed to perform such service.
第二条 双方的责任和义务Article 2 Both Parties' Responsibility and Liability
Consignor shall furnish to Consignee the pertinent data, technical reports, drawing and information available to him and shall give to the reasonable assistance necessary for carrying out of his duties. Particularly Consignor shall nominate a general representative who shall be available at reasonable time.
Consignee shall furnish a sufficient number of competent personnel to perform its obligation hereunder. All personnel employed by Consignee in carrying out the work shall be exclusively Consignee's responsibility, and Consignee shall hold Consignor harmless from any claims of any kind by Consignee's personnel arising out of any acts by Consignee or its personnel in connection with the work performed hereunder.
Consignee shall search for good supplier and investigate factory for products that Consignor need. Meanwhile Consignee shall negotiate a reasonable price and provide latest product price information regularly for Consignor, and control the payment.
Consignee shall inspect and control the quality of product. Consignee also should on behalf of Consignors for the transit warehouse and storage work of the products, and for the products processing, import and export procedures.
Consignee shall develop and design products for Consignor, understand and finishing the latest product information.
Consignee shall provide Consignor all the service reports and relevant documentation within the Scope of Services and within the Time Schedule for the Services.
第三条 价格与支付Article 3 Price and Payment Terms
Consignor agrees to pay the amount of service fees for the fixed term of service to Consignee.
2 The total contract price will include all the service and technology provided by Consignee. The total contract price shall be firm and fixed and shall not fluctuate with any inflation.The total contract price shall include all charges and expenses incurred by Consignee in performing his obligations both in Consignor's country and in the People's Republic of China and includes the expenses incurred in sending the Technical Documentation to Consignor's office by all kinds of forms. In the event of force majeure as defined in the Contract, the total Contract price shall be readjusted through friendly negotiations between the parties. If Consignor requires services not contemplated in the Scope of Services the parties shall friendly discuss an amendment to the total Contract price. Any such amendment shall be in writing countersigned by both parties. This document shall then form integral part of the Contract.
3.3 服务费每月 美元（大写 整），委托方应于每月10日前支付此金额到受委托方账户上。
The service fee is US per month, and Consignor should pay to Consignee's bank before the 10th of each month.
第四条 保 密Article 4 Confidentiality
All data assembled, developed, compiled, reproduced, studied, and prepared in connection with the work done hereunder and furnished to Consignee by Consignor shall be considered confidential and shall not be divulged to any person, firm or corporation other than Consignor or its designated representatives. This Clause shall remain binding on Consignee notwithstanding the termination of the Contract for any reason.
Within the validity period of Contract, both parties shall take proper measures to keep the materials or information strictly confidential. The other party shall not disclose or divulge to any third party without prior written consent of one party.
Either party shall be obliged to keep confidential any secret information of the other party which either party and its personnel may obtain or be accessible to in the course of the performance of Contract. Either party shall not make use of or disclose such secret information obtained from the other party without prior written permission issued by the other party.
第五条 税 费Article 5 Taxes and Duties
All taxes and duties in connection with and in the execution of Contract levied by the Chinese government on Consignor in accordance with the tax laws of PRC shall be borne by Consignor.
All taxes and duties levied by the Chinese government on Consignee, in connection with and in the execution of Contract, according to Chinese tax laws and the agreement between the government of PRC and the government of Consignor's country for the reciprocal avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income shall be borne by Consignee.
All taxes and duties arising outside PRC in connection with and in the execution of Contract shall be borne by Consignee
第六条 保证Article 6 Warranty
Consignee warrants that he has the experience and capability to efficiently and expeditiously perform the services in a satisfactory manner and that the services performed by him under this Contract shall be performed by competent personnel in accordance with accepted standards.
In the event of a failure of Consignee to provide to Consignor satisfactory services within the scope of work described in Contract at any time for any reason within the control of the Consignee, Consignor may notify Consignee of such dissatisfaction. Consignee shall be afforded a period of five (5) days to correct or remedy the matter. Should Consignee within the time afforded by Consignor fail to correct or remedy the matter to the satisfaction of Consignor, all charges shall cease forthwith until such time as Consignee is able to provide satisfactory services in accordance with the Scope of work described in Contract.
Consignee guarantees to Consignor that he shall, after receipt of notice from Consignor, promptly correct at no cost any errors in the services arising out of the negligent performance thereof.
第七条 服务报告的归属Article 7 Ownership of Service Reports
Final version of the service report submitted to Consignor and all relevant data such as drawing, plans and supporting material compiled in performing the Scope of Services, shall be the property of Consignor. Such materials shall be sorted and indexed by Consignee prior to transmission to Consignor.
Consignee shall be permitted to retain copies thereof, provided however that such materials, including the material furnished by Consignor as stated in Article 4 of this Contract, shall not be used by Consignee for purposes not related with this service without the prior written approval of Consignor.
第八条 转让Article 8 Assignment
Neither Consignor nor Consignee shall assign or sublet their rights or obligations hereunder without the prior written consent of the other party.
第九条 违约和合同的解除Article 9 Termination
Either party may, without prejudice to any other remedy, terminate Contract in whole or in part by a written notice send to the other party, if the other party:
fails to perform its confidentiality obligation under Contract;
fails to perform any other obligations under Contract except minor parts thereof, and does not remedy for its failure within a period of five (5) days upon receipt of the written notice or a period agreed upon between the parties;
C． 破产或无力偿还债务； becomes bankrupt or insolvent;
Affected by any event of Force Majeure for more than thirty (30 ) days.
第十条 不可抗力Article 10 Force Majeure
Should either party be prevented from performing any of its obligations under Contract due to event of Force Majeure, such as war, serious fire, typhoon, earthquake, flood and any other events which could not be expected, avoided and overcome, the affected party shall notify the other party of its occurrence by fax and send by registered airmail a certificate issued by the competent authorities or agency within fourteen (14) days following its occurrence.
The affected party shall not be liable for any delay or failure in performing any or all of its obligations due to the event of Force Majeure. However, the affected party shall inform the other party by fax the termination or elimination of the event of Force Majeure without delay.
Both parties shall proceed with their obligations immediately after the cease of the event of Force Majeure or removal of the effects. The validity period of Contract shall be extended correspondingly.
第十一条 仲裁Article 11 Arbitration
Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission，Shenzhen Commission for arbitration in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law of P.R.C.
Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed.
第十二条 语言Article 12 Language
Correspondance except this Contract between Consignor and Consignee, data and documents made available by Consignee to Consignor and the service reports and drawings prepared by Consignee shall be in the English language.
第十三条 适用的法律Article 13 Governing Law
The construction, validity and performance of this Contract shall be governed by the laws of the People's Republic of China.
第十四条 合同的生效及其它Chapter 14 Effectiveness of the Contract and Miscellaneous
Both parties shall make effort to obtain the approval from the respective authorities, if necessary, within thirty (30) days after Contract is signed by the authorized representatives of the two parties. Either Party shall notify in writing the other party of the approval date. The later date of approval shall be taken as the Date of Effectiveness of Contract.
14.2 本合同有效期自合同生效之日起为1 年。
Contract shall be valid and remain in force for one (1) years from the Date of Effectiveness.
The outstanding credit and debt between the parties under Contract shall not be affected upon the termination or expiration of Contract.
All amendments, supplements, subtractions, or alterations to Contract shall be made in written form and become valid upon the signature of the authorized representatives of both parties. The valid amendments, supplements, subtractions, or alterations shall form an integral part of Contract, and shall have the same legal force as the text of Contract.
All communications between the parties shall be in English in written form during implementation of Contract. Faxes concerning important matters shall be confirmed timely by registered or express mails.
The Contract is made in two counterparts each in Chinese and English, each of which shall deemed equally authentic. The Contract is in four (4) originals, two (2) for the Consignor and two (2) for the Consignee.