2024年模具开模合同范本英语

2024年模具开模合同范本英语
MOLD DEVELOPMENT CONTRACT
This Mold Development Contract (the "Contract") is made and entered into as of the ______ day of ______, 2024, by and between ______ ("Manufacturer"), a company organized and existing under the laws of ______, with its principal place of business at ______, and ______ ("Client"), a company organized and existing under the laws of ______, with its principal place of business at ______.
WHEREAS, Client desires to have certain molds developed for the production of specific products, and Manufacturer is willing to develop such molds on the terms and conditions set forth herein;
WHEREAS, Manufacturer has the necessary expertise, equipment, and facilities to develop such molds and is willing to provide such services to Client;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Contract, the parties hereto agree as follows:
1. Scope of Work
1.1 Manufacturer shall develop molds (the "Molds") for the production of products as specified in Exhibit A (the "Products"), in accordance with the specifications and
requirements set forth in Exhibit B (the "Specifications").
2. Development Schedule
2.1 Manufacturer shall use its best efforts to complete the development of the Molds in accordance with the schedule set forth in Exhibit C (the "Schedule").
3. Payment Terms
3.1 Client shall pay to Manufacturer the total amount of
$______ (the "Total Contract Price") for the development of the Molds, in installments as follows:
3.1.1 $______ upon execution of this Contract;
3.1.2 $______ upon completion of the Molds and prior to their shipment to Client;
3.1.3 $______ upon acceptance of the Molds by Client.
4. Delivery and Acceptance
4.1 Manufacturer shall deliver the Molds to Client at the location specified in Exhibit D (the "Delivery Location") within ______ days after completion of the Molds.
4.2 Client shall inspect the Molds within ______ days after delivery and shall either accept or reject the Molds in writing within such period. Acceptance shall be deemed to have occurred if Client fails to provide written notice of rejection within such period.
5. Warranty
5.1 Manufacturer warrants that the Molds will be free from defects in material and workmanship for a period of ______ years from the date of acceptance. In the event of a breach of warranty, Manufacturer shall, at its option, either repair
or replace the defective Molds at no additional cost to Client.
6. Intellectual Property
6.1 All intellectual property rights in and to the Molds, including without limitation all patents, copyrights, trademarks, and trade secrets, shall be and remain the sole and exclusive property of Manufacturer.
7. Confidentiality
7.1 Each party agrees to maintain the confidentiality of all proprietary and confidential information of the other party, and to use such information only for the purpose of performing its obligations under this Contract.
8. Termination
8.1 This Contract may be terminated by either party in the event of a material breach by the other party, provided that the breaching party has not cured such breach within ______ days after receipt of written notice thereof.
9. Indemnification
9.1 Manufacturer shall indemnify and hold Client harmless from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with any claim that the Molds infringe any patent, copyright, trademark, or other intellectual property right of any third party.
10. Governing Law
10.1 This Contract shall be governed by and construed in
accordance with the laws of the state of ______, without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the state of
______.
11. Miscellaneous
11.1 This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and communications, whether written or oral.
11.2 No modification or amendment of this Contract shall be effective unless in writing and signed by both parties.
11.3 The failure of either party to enforce any provision of this Contract shall not constitute a waiver of such provision or of the right to enforce such provision.
11.4 If any provision of this Contract is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.5 This Contract may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first above written.
MANUFACTURER:
________________________
By: _____________________
Date: __________________
CLIENT:
________________________ By: _____________________ Title: __________________ Date。