Hybrid Corn Seed Sales Contract
EXHIBIT
4.26
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Supplier:
Beijing Origin Seed Joint Stock Company
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Contract
#:
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Buyer:
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Date:
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In
order
to promote the use of high quality and high-yield hybrid corn seeds and to
establish a stable supply relationship, in accordance with the Contract law
of
the People’s Republic of China and the Seed Law of the People’s Republic of
China and after friendly negotiation, the Supper and the Buyer hereby enter
into
this Contract and agree as follows:
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1.
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Product
Name, Type, Quantity and Price
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Name
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Unit
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Deposit
(RMB/kg)
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Total
Price (RMB)
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Remarks
+
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Total:
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2.
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Quality
Standards:
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3.
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Testing
and Quarantine: National Standard
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(1)
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The
testing and quarantine of the seeds shall be in full compliance with
the
Regulation on the Testing of Agricultural Seeds.
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(2)
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Relevant
Quarantine Certificate shall be provided to the Buyer when the seeds
are
shipped. Related cost shall be borne by the Supplier.
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(3)
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Buyer
shall, within 15 days of the receipt of the shipment of the seeds,
test
[technical specifications] of the seeds, and shall notify Supplier
of the
test results in writing. Otherwise, relevant technical specifications
shall be deemed satisfied.
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(4)
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Both
Supplier and Buyer shall, upon Buyer’s receipt of the shipment, keep a
sample of the seeds shipped, and properly store these samples in
suitable
conditions until the end of the first production period for use in
case of
any dispute.
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4.
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If
Buyer is to accept delivery of the seeds at Supplier’s warehouse, Buyer
shall inspect the type, quantity and packing of the seeds. If Buyer
does
not raise any question on the site of delivery, Buyer shall be deemed
to
have accepted such delivery. This paragraph also applies to Buyer’s agent.
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5.
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Time
of Delivery
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6.
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Place
of Delivery and Transportation Cost
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7.
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Packing
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Packing
cost shall be born by the Supplier. .
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8.
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Payment
Method
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Collection
on delivery.
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9.
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Buyer
shall remit to Supplier a deposit in the amount of ______ no later
than
___________. This Contract shall become effective upon the receipt
of the
aforesaid deposit. If Buyer is in full compliance with the Supplier’s
sales policies, including but not limited to those on pricing, sales
areas, the aforesaid deposit shall be refunded to Buyer at the end
of each
sales season.
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10.
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Liability
for Breach
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In
the
event that Supplier refuses to deliver the seeds without cause or the Buyer
refuses
to accept delivery without cause, the breaching Party shall pay to the
other
party stipulated damages in the amount 20% of the Contract price.
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11.
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Buyer
shall be responsible for the distribution of the Origin Hybrid Corn
Seeds
in the _____ region and shall provide relevant service and advertising.
Buyer shall also be responsible for maintaining the market order
of the
seeds in the ____ region.
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12.
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To
promote the healthy development of relevant market, both Supplier
and
Buyer shall communicate with each other on a regular basis. While
using
best efforts to perform this Contract, Buyer may make a request to
the
Supplier to return the unsold seeds no later than ________. However,
the
quantity of such seeds shall not exceed 10% of the last delivery,
and the
packing for such seeds shall not have been opened. The cost of return
shall be borne by Buyer and the place of return shall be ____. Supplier
shall exam the returned seeds within 15 days of receipt of the return,
and
refund the relevant payment in accordance with the result of the
examination.
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To
assist
with after-sale service, Buyer shall provide Supplier its sales record.
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13.
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Supplier
shall be liable for any direct economic losses incurred as a result
of the
quality of the seeds. Supplier shall not be liable for any losses
cased by
Buyer or any natural disaster.
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14.
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In
case Supplier’s crops fail to generate sufficient seeds due to natural
disaster and other force majeure event so that Supplier is unable
to
perform this contract, Supplier shall notify Buyer in writing and
both
parities shall have friendly consultation to solve any dispute.
HoweverôBuyer’s
nonperformance of this contract due to the causes mentioned in this
provision shall not be considered as
a
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breach
of
this contract.
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15.
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Any
dispute in connection with this contract shall be resolved by
consultation. If no agreement can be reached through consultation,
the
dispute shall be submitted to adjudication by courts with jurisdiction
over the dispute.
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16.
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Other
related matters not stipulated in this contract shall be handled
in
accordance with the PRC law and regulations.
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17.
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This
contract is written in two originals, and each party shall keep one
original.
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Supplieræ
Beijing
Origin Seed Joint Stock Company
Addressæ
Postal
Code:
Tel.
Bank
account #:
Date:
Legal
Representative or Authorized Representative:
Buyeræ
Addressæ
Postal
Code:
Tel.
Bank
account #:
Date:
Legal
Representative or Authorized Representative: