1688 Purchase Agreement Template

PURCHASING AGENT AGREEMENT

Party A (Client):

Legal Representative:

Party B (Purchasing Agent):

Legal Representative:

A.     Both parties are legal entities duly registered and existing in accordance with local and the People’s Republic of China’s laws and regulations, and have the authority to sign and execute this Agreement.

B.     Party A agrees to engage Party B to provide Party A with purchasing execution services for goods on Alibaba China platform (1688.com), and assist Party B in procuring specified goods from suppliers designated by Party A on Alibaba China platform (1688.com).

C.     In accordance with the Contract Law of the People’s Republic of China and other relevant laws and regulations, both parties have reached the following agreement through friendly negotiations.

1.     Mode of Cooperation

1.1   Party B shall carry out the purchasing of goods on Alibaba China platform (1688.com) in accordance with Party A’s instructions, where Party A engages Party B to purchase goods agreed by the parties from suppliers designated by Party A in the name of Party B, and then deliver the goods agreed by the parties to Party A.

The account information of Party B on Alibaba China platform (1688.com) is as follows:

Login Member Name:                                                                                                       

Verified Entity Name:                                                                                                        

Identification Number of Verified Entity:                                                                               

2.     Purchasing-Related Matters

2.1   Party A shall inform Party B of the supplier(s) and purchase requirement(s) three (3) working days before Party B carries out the purchase.

2.2  Upon receiving the supplier(s) and purchase requirements, Party B shall review the qualifications of the supplier(s) designated by Party A. The purchasing process shall start upon confirmation of the same. Any objections shall be raised within two (2) working days, otherwise, the purchase shall be carried out as agreed.

2.3  When Party B makes purchases on Alibaba China platform (1688.com)as engaged by Party A, the expenses incurred for the goods and related expenses (including but not limited to expenses arising from a series of technical services provided by Alibaba through the introduction of relevant third-party payment organisations, financial institutions and other professional services, assisting Party B to efficiently complete the purchasing of the relevant goods on Alibaba China platform (1688.com) according to the instructions of PartyB’s clients) shall be borne by Party A. Party B is only responsible for the purchasing process.

3.     Logistics

3.1  Party B shall be responsible for supervising the accuracy and timeliness of delivery of goods by the domestic supplier(s), and requesting the supplier(s) to deliver the goods to the designated warehouse in accordance with Party A’s instructions. During this period, all logistics fees, loading and unloading fees, insurance fees, and any other transportation-related expenses shall be borne by Party A, and Party B shall not bear any costs or risks.

4.     Expenses and Settlements

4.1  Purchase Fee: Party A shall bear the total price and expenses of all goods purchased by Party B on Alibaba China platform (1688.com) in accordance with Party A’s instructions. Party B shall submit payment instructions on Alibaba China platform (1688.com) and pay the relevant domestic supplier(s) of Alibaba China platform (1688.com) through Party A’s account with third-party payment institution or financial institution. Any foreign exchange settlement in the payment process will be settled in the name of the relevant supplier(s) when the payment is remitted into the Chinese mainland.”

4.2  Agency Fee: Party B shall charge an agency fee for the purchasing execution services provided to Party A on Alibaba China platform (1688.com). The agency fee is calculated at a rate of ____% of the total amount of purchase requirements.

5.     Force Majeure

5.1  In the event that either party is unable to fulfil its obligations under this Agreement due to war and severe fire, typhoon, earthquake, flood or other unforeseen, unavoidable and insurmountable events, the party affected by the incident shall notify the other party of the occurrence of the force majeure event by facsimile or other effective means, and shall submit to the other party, by registered mail or other effective means, the supporting documents issued by the relevant authorities or institutions within five (5) days of the occurrence of the incident.

5.2  In the event that this Agreement cannot be performed or fully performed or the performance of this Agreement is delayed due to the occurrence of a force majeure event, the party affected by the force majeure event shall immediately notify the other party of the situation. Any losses incurred due to force majeure event shall be borne by the party affected by the loss.

5.3  In the event a party is unable to fulfil all or part of its responsibilities or obligations under this Agreement due to a force majeure event, such party shall be exempted from the performance of all or part of its responsibilities and obligations provided that it shall promptly notify the other party and provide a certificate issued by the relevant authorities within a reasonable period of time.

6.     Dispute Resolution

6.1  Both parties shall diligently fulfil their respective obligations under this Agreement based on the principle of good faith and honesty. Both parties agree that any disputes arising during the performance of this Agreement shall first be resolved through good faith negotiation. If the dispute cannot be settled through negotiation, either party may file a civil lawsuit with the local court.

7.     Undertakings

7.1  This Agreement is made in duplicate, with each party holding one copy, both of which have the same legal effect. This Agreement shall come into effect after being affixed with the official seals and signed by both parties. In the event a party intends to terminate this Agreement, such party shall notify the other party in writing at least ___ calendar days in advance.

7.2  Both parties hereby undertake not to unilaterally modify, terminate, or rescind this Purchasing Agent Agreement during the period when a series of technologies and services provided by Alibaba China platform (1688.com) are in use. In the event this Agreement is rescinded or terminated for any reason whatsoever, at least one (1) month before such rescission or termination, Party A shall submit a written application to a third-party payment institution or financial institution, and Party B shall submit a written application to Alibaba China platform (1688.com), respectively. Otherwise, any losses incurred due to non-compliance shall be borne by both parties, and both parties shall resolve any disputes among themselves without involvement or intervention from the platform.

7.3  In the event any provision of this Agreement becomes invalid for any reason whatsoever, the legality and validity of the remaining provisions of this Agreement shall not in any way be affected thereby.