采购协议中英文对照版 - 图文(22)

6.4.2.2若乙方来料混料，则甲方按实际清点的应交货品数量收货，实际清点数量与应交数量的差异，按

6.4.2.1执行。

In case of mixed material supplied by Party B, Party A shall receive the shipment by quantity actually counted for products required to deliver. For difference between the actually counted quantity and the quantity required to deliver, it shall be disposed under the provision of 6.4.2.1.

6.4.2.3如因乙方来料多数、少数以及混料造成甲方损失（包括但不限于海关罚没、品质事故等），则甲方

直接经济损失由乙方全额承担。

In case of losses caused to Party A due to nonconformance of quantity of material and mixed materials supplied by Party B (including but not limited to customs fine and confiscation and quality accident), Party B shall undertake all the direct economic losses of Party A.

第 43 页 共 49 页 Page 43 of 49

备注： 混料除了指混有不同物料外，还包含混有技术更改前后的物料。

Note: Besides mixing of various materials, material mixing also refers to mixing of materials before and after

technical change.

6.5 实验不合格的处理

Disposal of materials failing in test

乙方供货给甲方的产品在甲方型式实验中若不合格，甲方有权批量退货；若经乙方改善后仍存在同类问题，则第一次出现乙方需支付违约金人民币伍佰圆，第二次出现乙方需支付违约金人民币壹仟圆，第三次出现乙方需支付违约金人民币贰仟圆，同时甲方有权暂停乙方的供货资格；如因此给甲方造成损失，则甲方的直接经济损失由乙方全额承担。

If the products supplied by Party B to Party A fail to pass the type test of Party A, Party A has the right to return the whole batch of products; in case of the same kind of problem existing after improvement of Party B, Party B shall pay RMB500 for the first time as compensation for breach of contract, RMB1,000 for the second time and RMB2,000 for the third time, meanwhile, Party A has the right to suspend the qualification of Party B as a supplier; in case of losses therefore caused to Party A, Party B shall undertake all the direct economic losses suffered by Party A therefore. 6.6安规及认证要求

Requirements for safety and certification

6.6.1对于规定需符合安规要求的材料，若经甲乙双方认定的第三方测试机构检测不合格，乙方须承担甲 方由此造成的所有经济损失，并承担每次人民币壹拾万圆的违约金。

If the materials demanded to satisfy requirements for safety fail to pass the inspection conducted by a third party testing institute approved by both parties, Party B shall undertake all the economic losses therefore to Party A, and shall also pay RMB100,000 each time as compensation for breach of contract.

6.6.2若乙方供货给甲方的材料需经国家相关部门认证的，乙方须提供符合国家标准的全部认证资料；若

乙方产品认证证书有变更或证书异常时,需及时通知甲方。如因乙方原因造成甲方损失的，乙方须承担甲方由此造成的全部损失，并接受每次人民币壹拾万圆的违约金。在乙方未履行赔偿甲方上述损失及违约责任之前，甲方有权暂停乙方供货权限及所有未付货款和扣除品质&廉洁保证金。

In case that certification by related departments of the state is required for the material supplied by Party B to Party A, Party B shall submit all the certification information in compliance with the national standards; in case of change or abnormality of product certificate of Party B, Party B shall timely notify Party A. In case of losses caused to Party A due to fault of Party B, Party B is required to undertake all the losses therefore to Party A, and pay RMB100,000 for each time as compensation for breach of contract. Before Party B makes compensation to Party A for the abovementioned losses and performs specified obligations, Party A has the right to suspend the qualification of Party B as a supplier and payment of all the unpaid balance and deduct the quality and white hands deposit of Party B. 7、一般条款

General Provisions

7.1本协议若有版本升级，则新版本协议签订后旧版本自动解除。

I In case of any upgraded agreement, the old version of agreement shall be automatically terminated as long as the new version of agreement signed.

7.2如果本协议的任何条款被司法机关裁定在某些方面不可执行，且这种不可执行性不会对双方在本协议

中的权利造成实质性的影响，则本协议的其它条款继续有效。

Provided any article in this agreement is adjudged as unenforceable in certain aspects by judicial authority while the unenforceability has no material influences on responsibilities and obligations of both parties, the balance of this agreement shall remain valid and enforceable.

第 44 页 共 49 页 Page 44 of 49

7.3本协议一式两份，甲乙双方各执一份，自双方签章后生效，至双方终止合作时解除。

This agreement is made in duplicate. Party A and Party B shall hold one original each. The agreement will come into force at signature and seal of both parties.

7.4本协议之解释、效力、履行及其他未尽事宜均依中华人民共和国法律为准，任何关于本协议产生的争

议，由双方协商解决，协商不成的，双方同意任何一方均向甲方所在地人民法院起诉。

This agreement is construed in accordance with, enforced pursuant to and governed by laws of the People’s Republic of China. Any dispute arising from this agreement shall be settled through consultations. In case no agreement reached by the two parties, the case in dispute shall then be submitted to the local people’s court in the location of Party A.

第 45 页 共 49 页 Page 45 of 49