CONTRACT OF MOULD DESIGN AND MANUFACTURE 委托人 CLIENT 受托人 PRODUCER 1、This contract is made by the Client and the Producer, according to the clauses of this contract, Producer will design and manufacture the following mould as describe
CONTRACT OF MOULD DESIGN AND MANUFACTURE
1、This contract is made by the Client and the Producer, according to the clauses of this contract, Producer will design and manufacture the following mould as described below:
Part Code: 部件代码
Drawing Code 图纸号
Price (+VAT) 价格
2.The Producer shall implement manufacture according to designs from the Client; If the Client provide the sample ,both the Client and the Producer seal the sample together.
3.The products made by the mould shall completely fit with the drawing specification or samples from .The eligible products will be the condition of the confirmation for eligibility of the mould as well as payment for mould cost. Mould shall be checked and accepted by .
该模具生产的产品必须符合 公司产品的图纸规范或样品标准，产品合格作为模具合格及支付模具费的条件，模具需经过 公司的最终验收。
4.The Producer ensure that the mould can produce products, Otherwise, the Client shall have the right to request compensation for all mould cost.
5.All prices include VAT 17% and delivery.本报价含17%增值税和货物运输费。
6.Terms of Payment: advanced payment 40% within one week after contract signing, the balance within 30 days after sample confirmation against invoice.
7.work days &requirement 开模周期及要求/
（1）(sample date)：协议开模具周期： days for sample. 天内交样
（2）The Producer can not refuse the Client to check the progress of mould manufacturing, quality and test in the process of manufacture. Otherwise, the Client have the right to cancel the contract immediately and the Producer must return the advanced payment double and compensate for the loss of the Client.
（3）If the Client don’t approbate the mould, the Producer must improve on the mould in days and the fee of reform the mould is borne by the Producer. If the Producer don’t improve on the mould in days or the improved mould don’t still approbated by the Client, the Client have right to cancel l the contract and the Producer must return the advanced payment double and compensate for the loss of the Client.
（4）The Producer must give the Client the written report with regard to all manufacturing problems and continue to product after the Client confirm on it by writing
8.Mould’s Intellectual property模具产权
This mould is developed by Producer, and Client pay for the cost. the ownership / Patent right / copyright and other Intellectual property belongs to Client.
9.The Producer agreed that the Client determine the number of samples.
10.The Producer agree the times of test mode, the number and times of swaping sample requested by the Client, otherwise, the Client shall have the right to terminate unilaterally the contract and to recover the advances paid.
11.Breach of the contract违约
（1）If Producer fails to fulfill the terms and conditions stipulated in the Contract, Client shall have the right to terminate this contract thereof
（2）Producer will bear legal responsibility if the mould which is provided by the Producer is not same to the mould which is prescribed by this contract.
（3）Producer shall nevertheless have the right to claim compensations if Client intends to cancel this contract or order beyond the reasonable scope that Producer can accept.
（4）Claims：the Producer shall implement manufacture according to designs from the Client; Should the quality, specifications or quantity be found not in conformity with the stipulations of the contract except those due to the design of the Client, the Producer shall be responsible to the repair or even open new mould and compensate the loss caused to the Client.
（5）If the Producer will not complete the development of mold in 30 days(including the time of the reform),the Producer must pay 5% of the total price which is prescribed by this contract every day in the days which is more than 30 days as penalty. The penalty can offset the payment for mould by the Client.
If the Producer complete the development of mold late more than___ days, the Client have the right to cancel the contract immediately and the Producer must return the advanced payment and give the Client % of the total price which is prescribed by this contract as penalty. In addition, the Producer must compensate for all losses of the Client.
（1）Both parties and their employees shall comply with their obligations to conceal the related confidential commercial information. Both parties should not confide the commercial information to the third Party in oral / hand writing / notifying and lending.
Both parties should make an Intellectual Property agreement if it is necessary for our OEM and package products. Both Client and Producer should undertake the legal liability for any breach of this provision.
（2）If employee which is employed by the Producer leak the commercial information, the Producer must take the legal responsibility.
（3）The Producer must return the drawings provided by the Client after the completion of the manufacture of mould.
All disputes in connection with this Contract of the execution there of shall be settled by negotiation. In case no settlement can be reached the case in dispute shall then be submitted for arbitration to Foreign Trade Arbitration Commission of China Council for The Promotion of International Trade at Beijing in accordance with its provisional rules of procedure, the decision made by the commission shall be accepted as final and binding upon both parties. The fees for the arbitration shall be borne by the losing party unless otherwise awarded by the arbitration commission.
14.The present contract is signed in duplicate, both party hold one copy. This contract will be valid with both parties’ signatures and stamps.
The Client: The Producer: