The legal basis for the regulations is the Contract Law of the People's Republic of China, the Product Quality Law of the People's Republic of China, the Anti-Unfair Competition Law of the People's Republic of China, and the Environmental Protection Law of the People's Republic of China. In the event of any conflict between these provisions and the existing laws, they shall be subject to the existing laws.
The relevant content of this regulation, upon confirmation by both parties, should be included in the technical annex of the contract text, that is, it has the same legal effect as the contract.
1. Customized heat treatment
1.1 When the ordering party (Party A / the same below) entrusts the heat treatment parts to the contractor (Party B / the same below) for heat treatment processing, both parties shall sign a contract on the basis of voluntary and equal negotiation. Mark the parts to be used.
1.2 If the processing object does not meet or partially meet the technical requirements stipulated in the contract due to the processing errors of Party B, and cannot be repaired after technical inspection, it is determined as a waste product.
1.3 The allowable rejection rate of heat-treated parts should be stipulated in the contract. If there is no agreement between the two parties, in principle, it should be set as a batch (more than 50 pieces) or mass-produced heat-treated parts according to different processes. The allowable rejection rate index is within 1%-2% (according to Weight); single-piece (set) molds, large pieces (above 100Kg), and key parts (a single piece worth more than 5,000 yuan) have zero rejection rate indicators.
1.4 Party B shall make economic compensation to Party A for the quantity of scrap exceeding the allowable scrap rate index, generally according to the market
The field price compensates for the material cost (round steel casting and forging), and waives the heat treatment processing fee for this part of the parts.
1.5 Party B shall make full compensation for the single piece (set) of molds, large pieces, key pieces, etc. in Article 1.3 if it is scrapped (full compensation is the index material cost and the processing cost of each processing procedure before heat treatment) It should be noted in advance when signing the contract that Party B is allowed to add part of the risk fee and technical content fee when calculating the processing fee. Those not specified in the contract shall be dealt with in accordance with Article 1.4.
1.6 Any damage or loss of parts due to Party B's poor management shall be borne by the party responsible for the waste.
1.7 When physical and chemical analysis of waste products is required, the cost incurred shall be borne by the party responsible for the waste products.
1.8 For those who do not meet the technical requirements for heat treatment of parts, but can still be downgraded to the user, part or all of the processing fee can be waived through negotiation between the two parties.
1.9 Where there is an agreement on the disposal of waste products in the processing contract, they shall be disposed of according to the agreed method.
2. Sales of heat treatment process equipment and process materials
2.1 When the supplier sells process equipment (including spare parts / the same below) or process materials, it must sign a formal contract with the buyer. According to the contract law, in the contract text, the unit, name, object, quantity, quality standard, links that should be paid special attention to in the process of packaging and transportation, price, time limit, place and method of performance should be clearly indicated with reference to relevant industry standards. As well as liability for breach of contract, after-sales service, methods of resolving disputes, etc., in particular, the performance, composition, technical parameters, and technical standards of the equipment (or materials) should be indicated as the basis for delivery.
2.2 During the three-guarantee period (or warranty period) promised in the contract, once there is a quality problem and the buyer puts forward a service requirement, the supplier shall send personnel to the site for inspection and processing within the agreed time.
2.3 If it is the responsibility of the supplier after analysis, it should unconditionally and quickly replace the items that do not meet the quality standards within the agreed time limit, or repair it to a normal state.
2.4 During the Three Guarantees period, the equipment sold by the supplier cannot be repaired to the original technical conditions due to the responsibility of the supplier, but it still needs to be used. If all of them cannot be used, the supplier should take back the sold equipment (or materials) and replace them with new products. Those who cannot replace new products should return the full price and shipping and miscellaneous charges.
2.5 If there is a clause in the contract for the supplier to participate in the commissioning, both the supplier and the buyer should coordinate the commissioning. If the conditions of use meet the requirements, trial production shall be carried out according to the negotiated heats (or quantity). The supplier shall compensate for the material cost beyond the waste product index.
2.6 The purchaser entrusts a party to carry out technical service contracts such as equipment design and engineering design. If the equipment or engineering is scrapped due to design reasons, compensation shall be made according to the contract signed by both parties.
3. Handling of economic contract disputes in the heat treatment industry
3.1 In the event of disputes arising from the execution of heat treatment processing orders, sales of process equipment or process materials, and technical service contracts, it may be mediated by the heat treatment associations where both parties are located. The association shall propose appropriate solutions based on the principles of fairness, justice, and safeguarding the legitimate rights and interests of both parties. If one of the parties does not accept the solution, it may apply to an arbitration institution for arbitration or sue in court.
3.2 The Association shall actively assist arbitration institutions or courts, organize relevant experts to conduct investigations, research experiments, and analysis, and provide technical data and analysis opinions related to heat treatment, and the expenses incurred shall be borne by the entrusting party.
4. The right to interpret these regulations belongs to the Standing Council of China Heat Treatment Industry Association.