Ginseng GAP Planting and Acquisition Cooperation Agreement
Jilin Zixin Red Stone Breeding Co., Ltd.
Jilin Zixin Red Stone Breeding Co., Ltd.
Ginseng GAP Planting and Acquisition Cooperation Agreement
Both parties to this agreement:
Party A: Jilin Zixin Red Stone Breeding Co., Ltd.
Address: Hongshi Town, Liuhe County, Jilin Province
Registration number: 220524000003195.
In view of:
1. Party B is a ginseng planting farmer. It has the ginseng planting land under the “Linquan Certificate” or the “Rural Land Contract Management Right Certificate” approved by the relevant government departments. The use period of the ginseng will be from the date of the year. The day of the month.
2. Party A is a ginseng medicinal planting and sales enterprise, with excellent ginseng seedlings, planting technology and management experience, bio-fertilizers and biological pesticides, loan financing methods and ginseng sales channels, which can ensure that ginseng planting is planted and managed according to GAP standards. Sales.
To this end, Party A and Party B are in full accordance with the relevant provisions of the "Contract Law of the People's Republic of China", "Guidelines for the Quality Management of Chinese Herbal Medicine Production (GAP)" and other laws, regulations and rules, based on the principle of mutual benefit, good faith and credit. After consultation, an agreement was reached on the ginseng GAP planting and acquisition cooperation project as a common code of conduct.
Article 1 Cooperation project
1. Both Party A and Party B confirm that Party A and Party B will cooperate in the cultivation and acquisition of ginseng in accordance with the requirements of the “Guidelines for the Quality Management of Chinese Herbal Medicine Production (GAP)”.
2. Party B undertakes to sell all the ginseng grown by it to Party A as agreed in this agreement; Party A undertakes to acquire all the ginseng planted by Party B in accordance with the conditions stipulated in this agreement.
Article 2 Conditions of cooperation
(1) Party A cooperation conditions
1. Party A is responsible for providing high-quality ginseng seedlings, technical guidance and management training to Party B free of charge, providing biological fertilizers and biological pesticides for compensation; to the mature acquisition period of ginseng, the ginseng planted by Party B is purchased according to the current market price.
2. The sales price of Party A to Party B for the sale of ginseng seedlings is RMB per jin;
Party B shall purchase ginseng seedlings from Party A within 3 days from the effective date of this agreement, and the total amount shall be RMB. Party B shall pay Party A the purchase price of all seedlings at the same time as the purchase of ginseng seedlings.
3. When the ginseng planted by Party B is listed, Party A will acquire all the market prices according to the time when Party G planted ginseng.
(2) Conditions for cooperation of Party B
1. Party B shall purchase the ginseng seeds or seedlings provided by Party A and plant, manage, fertilize and use the drugs according to the instructions of Party A.
2. Party B uses the ginseng planting land (ha) which is legally owned and acquired as the participating area for the joint cultivation of ginseng.
3. Party B shall carry out ginseng planting in accordance with the requirements of the Guiding Principles for the Quality Management of Chinese Herbal Medicine Production (GAP), accept technical guidance and training from Party A, purchase biological fertilizers and biological pesticides, and carry out ginseng planting according to the technical guidance of Party A. Fertilization and medication.
4. When the ginseng planted by Party B is maturely listed, Party B shall sell all the ginseng planted to Party A according to the market purchase price at the time of listing.
Article 3 Term of cooperation
The term of cooperation is for the year and is calculated from the date of entry into force of this Agreement.
Article 4 Location and Term of Ginseng Acquisition
1. The place of acquisition is the planting place of Party G.
2. The acquisition period is from the month to the month and/or the year to the month of the ginseng market.
Article 5 Quality Inspection and Rating
1. Party A is responsible for the quality inspection and rating of ginseng. If Party B has objection to Party A's ginseng quality inspection and rating and the objection is reasonable, Party A shall accept and approve it; Party B's objection will be unreasonable and will comply with Party A's determination.
2. In view of the quality inspection and grading results of ginseng is an important factor in determining the ginseng acquisition and pricing, and the interests of both parties A and B; Party A guarantees that the ginseng acquired will be objective and fair in accordance with the recognized quality and grading standards and practices of the ginseng industry. Evaluation, fair maintenance and respect for the interests of all parties.
3. Party A shall conduct on-the-spot inspection of Party B's ginseng at the acquisition site, and remove ginseng that does not meet the quality requirements and cannot be used.
4. The quality inspection and rating of the purchased ginseng was carried out at the acquisition site.
Article 6 Acquisition price and settlement of price
1. The price of ginseng purchase is determined by both Party A and Party B when the ginseng is put on the market according to the market average price and ginseng quality of the fresh ginseng market.
2. Party A shall pay Party B the purchase price of all ginseng in cash within three days from the date of purchase of ginseng or in the form of bank transfer when Party B agrees.
3. When Party B receives the ginseng price purchased by Party A, Party B shall issue a receipt certificate to Party A.
Article 7 Rights and obligations of both parties to the agreement
(1) Party A’s rights and obligations
1. After the agreement comes into effect, Party A shall promptly sell high-quality ginseng seedlings, biological fertilizers and biological pesticides to Party B, and provide Party B with free technology, fertilization and medication guidance for ginseng cultivation, and strictly control and restrict the use of non-A The chemical fertilizers and pesticides provided by the party will prevent the occurrence of pesticide abuse or excessive use of pesticides, and ensure that the indicators of planting ginseng meet the requirements of green harmless and Chinese herbal medicines GAP standards.
2. To the ginseng market in the season of planting, go to the planting place of Party B for ginseng acquisition and acquire all the ginseng planted by Party B.
3. Pay the purchase price of ginseng to Party B in time and in full according to the agreement in this agreement.
4. According to the needs of Party B, provide necessary loan assistance and support for Party G to grow ginseng.
5. Party B has the right to reject the listed ginseng planted by Party B when Party B's ginseng planting does not accept or accept Party A's technology, fertilization, medication, etc. or violates the "Guidelines for the Quality Management of Chinese Herbal Medicine Production (GAP)."
(2) Party B’s rights and obligations
1. The land provided by Party B and Party A to grow ginseng shall be the land and forest land legally approved by the relevant government departments and obtained the “Rural Land Contract Management Right Certificate” or “Linquan Certificate”, and the right to use and operate under the participation of the land. The right years are sufficient to ensure the growth cycle needs of the two parties to cooperate in the cultivation of ginseng, and to ensure that the ginseng cultivation and acquisition of Party A will not be affected by the ownership and age of the land. Party B shall provide Party A with a copy of the relevant documents for the right to use the land when the agreement is signed.
2. Promptly purchase the ginseng seedlings, biological fertilizers and biological pesticides provided by Party A, and pay Party A the ginseng seedlings in full and on time.
3. It is necessary to accept, obey and respect the technical guidance and planting training of Party A's technical personnel, and implement ginseng planting and management according to the technical guidance and management training of Party A's technical personnel. Otherwise, the losses caused by Party B shall be borne by Party B itself.
4. To ensure that the bio-fertilizer and bio-pesticide provided by Party A and its guiding fertilization and medicine are used to ensure that the ginseng is in compliance with the requirements of green and harmless and the “Guidelines for the Quality Management of Chinese Herbal Medicine Production (GAP)”, and accept Party A’s requirements. Supervision and management.
5. To the ginseng market, it is guaranteed that all ginseng will be sold to Party A; except for Party A's written notice or instructions, no ginseng may be sold to any third party other than Party A.
6. Party B shall not dig and sell ginseng under this agreement in advance for the high price or benefit of the market when the ginseng is not mature.
Article 8 Liability for breach of contract
1. If the party fails to purchase ginseng according to the agreement in this agreement, Party A shall pay Party B a penalty of 3% of the total market price of the uncollected portion. If the liquidated damage is insufficient to compensate Party B, Party B shall also compensate Party B. loss.
2. Party A fails to pay Party B the price of the ginseng purchase according to the time and amount stipulated in this agreement. In addition to continuing to perform the payment obligation, Party A shall also pay Party B the liquidated damages according to 3% of the total amount payable, and Party B shall bear the compensation for the losses. responsibility.
3. Party B violates the agreement of this agreement. If there is no or less ginseng as agreed in the agreement or replanting other varieties of ginseng, according to the area of ginseng which is not planted, replanted with other varieties or less kinds of agreements, refer to the average per acre in the current year. If the total amount of grain produced, not planted or replanted, and 5% of the total price determined by the market price of ginseng in the current year shall be paid to Party A for liquidated damages; if the liquidated damages are insufficient to compensate Party A for losses, Party A shall also compensate Party A for all losses (including Expected loss of income).
4. If Party B sells ginseng to a third party other than Party A or does not sell it to Party A, or if the ginseng is not harvested and sold in advance during the mature listing period, Party B shall sell the part to the third party, Party A shall pay Party A a penalty for the sale of the portion of Party A or the part of the excavation for sale in advance (refer to the average production per mu in the current year, the total number of acres planted and the market price of the ginseng acquisition). Compensation for the actual loss and expected loss of income of Party A (including fertilizer and pesticides provided free of charge, technical service fees).
Article 9 Dispute Resolution
1. In the event of a dispute arising from this Agreement, Party A and Party B shall first seek to resolve through negotiation;
2. When the negotiation fails, both Party A and Party B agree that all parties should use the method of prosecution to the people's court with jurisdiction at Party A's location.
Article 10 The agreement takes effect
This Agreement shall take effect from the date on which Party A and Party B stamp (signed by a natural person and handprinted) and signed by their legal representative or authorized agent.
Article 11 Other matters
1. When the ginseng is listed and purchased, if both parties are required to sign a specific ginseng purchase contract, the ginseng acquisition contract is an integral part of this agreement and has the same legal effect as this agreement, which is signed and fulfilled by this agreement. Related conventions.
2. The original of this agreement is in duplicate, and each of Party A and Party B holds one copy; each has the same legal effect.
Party A (seal): Jilin Zixin Red Stone Breeding Co., Ltd.
Legal representative or authorized agent (signature):
Party B (signature):
Date of signing: Year Month Day
place of signing: