3.Other Requirements: 1) Intellectual Property: All the property rights and intellectual property rights over technical information, design draft, product mold and sample provided by the Purchaser to the Supplier for the purpose of production shall belong to the Purchaser, and the Supplier shall not copy, re-provide or release any of such content to other parties in any form. If there is no renew after the termination of this Agreement, the Supplier shall have no right to continue using. The Supplier promises that without the authorization of the Purchaser, the Supplier shall not sell the products of the Purchaser. If the Purchaser, during sales process, find any suspected product which could be produced by the Supplier, both parties shall actively verify and investigate. Once verified that Party B has engaged in such behavior, Party A shall have the right to punished Party B for RMB 500,000 (Five Hundred Thousand) as penalty and claim for compensation of all economic loss. Meanwhile, Party A shall have the right to terminate this Agreement unilaterally and pursue all responsibilities of Party B. Both parties promise that unless being agreed upon in writing by both parties or for the purpose of signing and performing this Agreement, neither party shall disclose or reveal the content of this Agreement to any third party outside this Agreement, except for the normal management activity of regulatory agency. The confidentiality obligation under this Agreement shall survive the termination of this Agreement until above information is known to the public. 2) All products under this Agreement shall provide sample pursuant to schedule required by the Purchaser, and complete production and shipment as required. Meanwhile, as part of after-sales service, Party B shall freely provide part of its products to Party A as compensation for damage happening in the transportation process, the compensation standard shall not exceed 2% of the purchased products’ total quantity. 3) If there is damage or loss of products caused by the Supplier’s packaging below the standard, the Supplier shall be responsible for compensation. 4) The Supplier will be punished for delayed delivery at the rate of 5% of total contract amount for each day of delay. If the delayed delivery exceed the original deadline 5 days, the Purchaser shall have the right to repeal this Agreement and claim against the Supplier for all loss. Any additional charges shall be borne by the Supplier, unless the delayed delivery is agreed upon by both parties. 5) If the inspection result is disqualified or the Purchaser is unable to inspect at the informed time due to delayed delivery, the Supplier shall bear the re-inspect fee for USD 150 each time. 6) This Agreement requires for value-added tax special invoice (17% tax rate) according to the requirement, every new Supplier shall provide following documents: 1) the hard copies with seal of duplicate copies of Business License, Tax Registration Certificate (National and Local) and Organization Code Certificate; 2) the opening bank, account number and account names of the Supplier. 7) The originals of this Agreement shall be returned to the Purchaser in duplicate and the receiving address is as follows: Room 401, Floor 4, Industrial Design Center, Cross-Strait Longshan Culture Creative Industry Park, No.84 South Longshan Road, Siming District, Xiamen. 8) Both parties shall perform this Agreement truly and fully. If one party requires to modify, suspend or terminate this Agreement for some reason, it shall be approved by the other party and sign another agreement. If this Agreement cannot be fulfilled due to default of one party, that party shall pay penalty to observant party at the rate of 30% of total contract amount and compensate the loss if caused. 9) Any dispute arising out of this Agreement shall be settled through friendly consultation between both parties; in case no settlement can be reached after consolation, the dispute shall be submitted to the court where the Purchaser’s Xiamen representative office is located. |