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Basic dataStandard ID: CY/T 187-2019 (CY/T187-2019)Description (Translated English): Compilation specifications for supply and marketing agreement on publication Sector / Industry: Press & Publication Industry Standard (Recommended) Classification of Chinese Standard: A10 Word Count Estimation: 21,294 Date of Issue: 2019-06-27 Date of Implementation: 2019-07-01 Regulation (derived from): Industry Standard Recording Announcement No. 6 of 2019 (Total No. 234) Issuing agency(ies): State Press and Publication Administration CYT187-2019: Compilation specifications for supply and marketing agreement on publication---This is a DRAFT version for illustration, not a final translation. Full copy of true-PDF in English version (including equations, symbols, images, flow-chart, tables, and figures etc.) will be manually/carefully translated upon your order.(Specifications for the preparation of publication supply and marketing agreements) ICS 03.100.20 A10 CY PRC Press and Publication Industry Standards Specifications for the preparation of publication supply and marketing agreements Compilation specifications for supply and marketing agreement on publication 2019-06-27 released 2019-07-01 implementation Published by the National Press and Publication Administration ContentsForeword ... II 1 Scope ... 1 2 Normative references ... 1 3 Terms and definitions ... 1 4 Basic requirements for protocol preparation ... 2 5 Basic elements of the agreement ... 2 5.1 The first part ... 2 5.2 Body part ... 2 5.3 Approximation ... 3 5.4 Supplementary ... 3 6 Common types of protocols ... 3 7 Preparation process and requirements of the agreement ... 4 7.1 Preparation of the agreement ... 4 7.2 Drafting of the agreement ... 4 7.3 Risk review of the agreement ... 4 7.4 Signing the agreement ... 4 7.5 Protocol text management ... 4 Appendix A (informative) Templates for publication supply and marketing agreements between publishers and distributors ... 5 Appendix B (informative) Templates for publication supply and marketing agreements between issuing units ... 10 Appendix C (informative) Templates for supply and marketing agreements for publications between end-users and end users ... 15 References ... 18ForewordThis standard was drafted in accordance with the rules given in GB/T 1.1-2009. This standard was proposed and managed by the National Publications Standardization Technical Committee (SAC/TC505). This standard was drafted. Anhui Xinhua Media Co., Ltd., China Construction Industry Press, Beijing Zhongqi Zhiyuan Digital Information Technology limited liability company. The main drafters of this standard. Wang Huanran, Guo Xizeng, Chen Yinli, Huang Zhen, Hu Xueping, Tang Jiajun, Liu Xiuli, Wen Qiang, Ren Liming, Cao Renjie and Li Yuhong. Specifications for the preparation of publication supply and marketing agreements1 ScopeThis standard specifies the basic requirements for the preparation of publication supply and marketing agreements, the basic elements of composition, common types, and the compilation process and requirements. This standard applies to the preparation of publication supply and marketing agreements.2 Normative referencesThe following documents are essential for the application of this document. For dated references, only the dated version applies to this document. For undated references, the latest version (including all amendments) applies to this document. GB/T 27936-2012 Publication Terminology3 terms and definitionsThe following terms and definitions apply to this document. 3.1 Agreement Contract Agreement on the establishment, change, and termination of civil rights and obligations between natural persons, legal persons, and other organizations with equal subject. [Contract Law of the People's Republic of China] 3.2 Supply and marketing The act of supplying and selling in a publication trading activity. 3.3 Ordering The buyer orders the publication from the seller. [GB/T 27936-2011, definition 6.18] 3.4 Delivery Form shipping instructions, manufacturing orders, picking, collection, review, packaging, and shipment according to the publication order until the publication is delivered for collection Cargo process. [GB/T 27936-2011, definition 7.26] 3.5 Receiving The process of checking and accepting the delivered publications and going to the warehouse. [GB/T 27936-2011, definition 7.16] 3.6 Checking and acceptance The process of inspecting and verifying the variety, quantity, quality, and packaging of publications, and confirming them according to the receipt receipt [GB/T 27936-2011, definition 7.17] 3.7 Return The process by which a buyer returns a publication to a seller. [GB/T 27936-2011, definition 7.48] 3.8 Settlement settlement In publication trading activities, the payment and payment behavior of both parties to the transaction. [GB/T 27936-2011, definition 9.22] 3.9 Terminal user The target of the publishing unit to sell publications includes individuals, institutions or legal entities with civil capacity.4 Basic requirements for protocol preparationThe basic requirements include. a) shall comply with the relevant laws, regulations and provisions of the press and publishing industry of the People's Republic of China; b) the principles of equality, mutual benefit, consensus, etc. should be followed; c) the subject of the agreement shall have relevant qualifications; d) other.5 Basic elements of the agreement5.1 About the first part The first part of the agreement mainly includes. a) the agreement name and agreement number; b) the legal name, telephone and legal address of the subject of the agreement; c) Preamble to the agreement. 5.2 Body The body part mainly includes. a) Cooperation content and methods, including sales categories, supply and marketing methods, cooperation periods, sales areas, discounts and other content; b) Basic elements of the main body of the paper supply and marketing agreement. 1) Order, including order content, order method, order cancellation content and other contents; 2) Shipping, including shipping method, shipping address, shipping cost and other contents; 3) Receiving and acceptance, including receiving method, acceptance process, acceptance difference processing method and other contents; 4) Returns, including the contents of the return, the time limit for the return, the amount of the return, the processing method of the return difference, the return cost and other contents; 5) Recall and exchange; 6) Settlement, including settlement period, settlement conditions, payment account number, invoice and other contents; 7) Services, including training, marketing and other content. c) Basic elements of the main body of the digital publishing product supply and marketing agreement. 1) The form and scope of the platform or product release; 2) Order of platform or product, including order content, order cancellation content and others; 3) Download, installation or activation of the platform or product; 4) Acceptance, including the acceptance process, acceptance issues, and other content; 5) Settlement, including settlement period, settlement conditions, payment account number, invoice and other contents; 6) Operation and maintenance and background management of the platform or product. d) force majeure; e) liability for breach of contract; f) confidentiality and intellectual property protection; g) other. 5.3 Approx. Tail 5.3.1 Validity of the agreement The validity of the agreement mainly includes. a) the agreement becomes effective, renewed and terminated; b) the number and form of the agreements; c) Dispute resolution. 5.3.2 Signature of Agreement The signature of the agreement mainly includes. a) Signature of legal person; b) Signature of legal representative or authorized representative; a) the date of the contract; b) Place of contract. 5.4 Supplement The supplementary part mainly includes. a) the serial number and name of the annex to the agreement; b) financial information, which should include the information provided during payment and invoicing; c) other.6 Common types of protocolsCommon types of protocols include. a) The publication supply and marketing agreement between the publishing unit and the issuing unit. See Appendix A for a sample agreement; b) Publication supply and marketing agreements between distribution units, see Appendix B for sample agreements; c) The publication supply and marketing agreement between the issuing unit and the end user, see Appendix C for a sample agreement; d) other.7 Preparation process and requirements of the agreement7.1 Preparation of the agreement The preparation of the agreement mainly includes. a) Verification of contractual eligibility and performance capability of the parties; b) Feasibility study. 7.2 Drafting of the agreement The drafting of the agreement mainly includes. a) negotiation of agreements; b) The drafting of the agreement shall be the responsibility of the negotiator or negotiating team of the host department, and may be drafted and revised by a lawyer based on the negotiating points if necessary. positive. The target should be clear, equal and mutually beneficial, complete in content, complete in terms of terms, clear in responsibilities, and adequate risk control. 7.3 Risk review of the agreement Risk reviews should be performed by legal professionals or relevant authorities. 7.4 Signing of the agreement The agreement shall be signed by a person with signing authority, and the official seal or special seal of the agreement shall be affixed. 7.5 Protocol text management Protocol text management mainly includes. a) archived by authorized departments for inspection; b) Binding into a book and implementing archive management; c) After the agreement is performed, it is generally kept for more than 10 years, which is consistent with the financial management regulations of the unit. AAAppendix A(Informative appendix) Templates for publication supply and marketing agreements between publishers and distributors Agreement Number. Party A (bookstore). phone. address. Party B (publishing house). phone. address. After friendly negotiation, both parties A and B are based on the principles of equality, mutual benefit, good faith, and relevant provisions of the Contract Law of the People's Republic of China. The agreement was reached as follows. I. Cooperation Contents and Methods 1. Both parties agree to establish a cooperative relationship between Party B and Party A (cooperation content). The cooperation period is from the year and month. Day to year ____. During the cooperation period, Party A needs to distribute Party B's publications, and the purchase channels shall comply with the following ____ set. (1) All parties shall order directly from Party B, and shall not obtain Party B publications for distribution through channels other than Party B. Party B shall meet Party A in time Party's order requires that the first batch of new books, key books, and best-selling books should be delivered to Party A. (2) Party A can place an order directly with Party B, or purchase Party B's publications through other channels. 2. The parties agreed that the area where Party A distributes Party B's publications is the region. Within the agreed distribution area, Party A's (Exclusive/non-exclusive) distributor. Party A (may/must) wholesale Party B publications to sellers outside the agreed area. 3. If there is no special agreement, during the cooperation period, the two parties will settle according to the following discount agreement. (1) General books are settled at discounted prices. (2) Textbooks are settled at discounted prices. (3) Jiaosuke settles at discounted prices. (4) Audiovisual products are settled at discounted prices. (5) Both parties (agree/not agree). Party B guarantees that the settlement discount provided to Party A is not higher than that of other Party B dealers at the same level. Count the discount. (6) Other conventions.. 4. Party B guarantees that its publications do not violate the provisions of national laws and regulations, and do not infringe on other people's copyright and reputation rights. The contents of rights, such as civil, administrative, and criminal liabilities arising from violation of this guarantee, shall be borne by Party B, and Party B shall also bear Party A's Reasonable expenses incurred. 5. Party A guarantees that it has legal publication distribution qualifications and should submit to Party B the validity period stamped with Party A's official seal when signing this agreement. Copy of your business license and publication business license. Order 1. Party A's order to Party B should be in the form of paper or electronic order, and the paper order should be stamped with Party A's official seal or agreement. All orders made This annex is executed in accordance with the provisions of this agreement. 2. The order content should include Party A's name, book title, ISBN number, author, pricing, quantity, and delivery time. The following matters should Special note. (1) If Party A requires a discounted order lower than that agreed in this agreement, it shall be specified in the order; (2) If Party A requires delivery by means other than railway slow-moving and road transportation, it shall be specified in the order; (3) If Party A requires that the delivery place is not the place agreed in this agreement, it shall be specified in the order. Party A (must/can) request Ship to locations outside its underwriting area. (4) If Party A requests the provision of goods publicity materials, it shall specify the required variety and quantity. If the publicity materials of the goods are given free of charge, B Party has the right to determine the amount of gifts. 3 Party B receives Party A's order. If Party B's order requirements cannot be met, it should be returned in paper or electronic form within one working day. complex. Otherwise, it is deemed to accept the order. 4. If Party A places an order with Party B orally, Party B shall make up for it in paper or electronic form within 2 working days after the order request is issued. Place an order. Party B shall also send a paper or electronic confirmation to Party A for the order issued by Party A orally. Regardless of whether Party A reissues If Party A does not raise an objection within one working day after Party A receives the confirmation letter from Party B, Party A shall be deemed to have confirmed the order and obtained Party B. confirm. 5. Party B (yes/no) performs active allotment based on Party A's purchase, sales and inventory information. If Party A refuses to accept Party B's active allotment, Party A has the right to reject the publications distributed by Party B and ask Party B to bear the return cost. 6. Other conventions.. Third, delivery 1. Party B gives Party A a 10,000 yuan (uppercase) credit line. If Party A has not paid the account The total amount of real oceans. In this agreement, real oceans refers to the pricing of publications * quantity * agreed discounts. The total amount does not exceed the credit limit. Request timely delivery to Party A; If the total amount of Party A's outstanding balance has exceeded the credit limit, Party B shall promptly notify Party A after receiving the order, At the same time, Party B has the right to suspend or refuse to ship to Party A. 2. Party B's delivery method is road transportation or railway slow shipment. The shipping cost for delivery in the manner agreed in this paragraph shall be borne by Party B. 3. If Party A requires delivery by rail express or air, it should be specified in the order. The shipping costs incurred shall be borne by Party A. Among them, the shipping cost for shipping by rail express shall not exceed% of the total shipping code; the shipping cost for shipping by air shall be settled according to the actual situation. In this agreement, Ma Yang is defined as publication pricing * number of publications. 4. If there is no special agreement, the goods shall be shipped to the following locations. (1) Railway mode. arrival station; consignee.. (2) Highway method. arrival place; consignee.. (3) Aviation method. place of arrival; consignee.. (4) If Party A needs to change the delivery location due to the expiration of the warehouse, relocation, etc., the new location Inform Party B of the delivery location, and send a change of delivery address stamped with the official seal to Party B. If Party A fails to perform the notification obligation in a timely manner, the resulting All losses shall be borne by Party A. 5. If there is no special agreement, the following conditions are deemed to have been delivered to Party A. (1) Railway method. The goods arrive at the designated delivery station and are signed by Party A. (2) Highway method. The goods arrive at the designated place of delivery and are signed by Party A. (3) By air. The goods arrive at the designated place of delivery and are signed by Party A. 6. Party B shall ensure that the publications are packaged in the usual manner of the industry and that the risks in transit are insured. Such as Party A for packaging There are special requirements, which should be specified in the order. 7. All risks before the goods are delivered to Party A shall be borne by Party B, and all risks after the goods are delivered shall be borne by Party A. 8. Party B should attach the goods list when shipping, so that Party A can check and accept. 9. Party A can request to order the goods by itself. If Party A picks up the goods, all transportation, insurance costs and risks in transit shall be borne by Party A. 10. Other conventions.. Receiving and acceptance 1. According to this agreement and the order, Party A shall receive the goods unconditionally. As a result of Party A's refusal to receive the goods All losses shall be borne by Party A. 2. Party A shall submit the receipt with the official seal or the receipt stamp to the carrier when receiving the goods. If Party A refuses to submit the receipt with the official seal or the receipt stamp In the manifest, the carrier has the right to refuse to deliver the goods, and the resulting damages include but are not limited to transportation costs, storage costs, and cargo losses. Failure is borne by Party A. 3. When receiving the goods, Party A should count the goods according to the goods pay list and the order confirmation letter. For the problems found in the inspection process, press the following method Processing. (1) If all the goods are found to be inconsistent with the list or order attached to the goods, they shall immediately notify Party B and return all the goods through the same carrier. The cost of return and risks in transit shall be borne by Party B. (2) If some of the goods are found to be inconsistent with the list or order attached to the goods, the correct part shall be received and a receipt shall be issued, and the wrong part shall be received. The distributor shall immediately notify Party B and return the wrong goods through the same carrier. The return costs and risks in transit shall be borne by Party B. (3) If Party A finds that the packaging is damaged or defaced when inspecting the goods, it should open the package with the carrier to inspect it and find that the goods are indeed damaged. When the carrier also has no objection, Party A shall indicate the name and quantity of the damage on the consignment note, and notify Party B at the same time, and pass the damaged goods through the same A carrier returns to Party B. The return cost and risks in transit shall be borne by Party B. If Party A and the carrier cannot agree on the damage of the goods, Party B should be notified immediately and negotiated with Party B to determine the treatment method. 4. Party A has the right to challenge the received goods within one working day after signing the goods. The objection letter should be stamped with the official seal or agreement After the discussion, please submit it to Party B by fax or letter, and the two parties should resolve it through consultation. 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