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April 6, 2006
The World Expo
2010 The Shanghai
World Expo themed with “ To better publicize the theme and ideas of the Expo 2010, the Bureau of Shanghai World Expo Coordination (hereinafter referred to as the “Expo Bureau”) shall implement the Expo-symbol License Programme, which is an important part of the Expo 2010 Marketing Development Plan. In accordance with such Expo-symbol License Programme, the Expo Bureau will authorize the Expo-symbol Licensed Manufacturer (hereinafter referred to as the “Licensed Manufacturer”) to, on its own, or, authorize other manufacturing enterprises (hereinafter referred to as the “Producers”), with prior written approvals from the Expo Bureau, to manufacture products bearing the Expo-symbol. All Expo-symbol Licensed Products (hereinafter referred to as the “Licensed Products”) will be sold via channels designated by the Expo Bureau. The Expo-symbol
License Programme shall highlight “ The Expo Bureau
hereby publicly solicits Licensed Manufacturers of Household Appliances within
Mainland Licensed Manufacturer and its Responsibilities The purpose of this solicitation is to select Licensed Manufacturers of household appliance. Household appliance, including but not limited to catering/kitchen appliances, bedding, home accessories, suitcase appliance etc.(Participates should make further classification on the basis of above category, and the Expo Bureau has the right of final interpretation of the classification). Pursuant to written authorization from the Expo Bureau, the solicited Licensed Manufacturers will become the exclusive Licensed Manufacturer within one or several certain specified categories of household appliance. Licensed Manufacturers shall be responsible for the following: Make market planning (including an analysis of customer groups) for Licensed Products in the household appliances category based on market research and forecast; On its own, or, authorizing other Producers (upon prior written approval from the Expo Bureau), exploit and design products of certain specified category or categories of household appliance. On its own, or, authorizing other Producers (upon prior written approval from the Expo Bureau), manufacture the certain specified category or categories of household appliance, supervising the internal management system, work process and quality of the products, and managing, coordinating and supervising the storage and distribution of the Licensed Products. Rights and Obligations of Licensed Manufacturer A Licensed Manufacturer is entitled to, on its own, or, authorize other Producers ( upon prior written approvals from the Expo Bureau), to exploit, design and manufacture household appliances in accordance with the following: Scope of Products: Certain specified category or categories of household appliances (Specific scope will be stipulated in the agreement, the Expo Bureau has the final interpretation rights to the category classification); Duration of License: one year commencing from the effective date of the license agreement between the Licensed Manufacturer and the Expo Bureau (the Expo Bureau may decide on whether to renew the agreement in light of the performance of the agreement by the Licensed Manufacturer); Territory:
Mainland Licensed Manufacturer shall, under the agreement, pay the Signing fee and Royalties to the Expo Bureau. Any enterprise or other organization established, registered and duly operating in accordance with laws of the People Republic of China, intending to become a Licensed Manufacturer and meets the following conditions, is qualified as a candidate (hereinafter referred to as the “Candidates”):
The operation concepts of the candidates shall be in compliance with the theme of the Expo 2010, and the candidates shall possess a good social image and commercial reputation; The Candidates shall be relatively good at market investigation, analysis and planning, and capable of estimate the market orientation of products, market demand and trends; The Candidates shall be capable of and have experience in brand operation and management, and are relatively good at products exploit and design and have relevant experience; The Candidates shall be capable of and having experience in manufacturing or managing Producers, having sufficient knowledge of household appliance industry and has broad resources in such manufacturing field; The Candidates shall be capable of and having experience in conducting quality control; The Candidates shall have relatively good financial capabilities and credit record; The Candidates shall have all qualifications and conditions for the fulfilment of the responsibilities required by Article 1 of the RFI; The Candidates shall observe with PRC. laws, comply with relevant provisions of PRC. regulations and requirements concerning environmental protection and employment. Application Documents The application documents submitted to Expo Bureau by the Candidates shall comprise the following parts in accordance with Article 5 of the RFI: A Brief Introduction of the Candidate, which shall include: General information of the Candidate including its name, address and time of incorporation，contact address, telephone number, fax number, e-mail address etc.; Qualification documents of the Candidate: Business License (a copy thereof affixed with the filing seal of the license-issuing authority) or other documents of institution incorporation; Institution Code Certificate (a copy thereof affixed with the official seal); Taxation Registration Certificate (a copy thereof affixed with the official seal) or similar tax payment certifications; Letter of Intention from the Candidate (in the form of Appendix 1); Power of Attorney (in the form of Appendix 2); Letter of Undertakings from the Candidate (in the form of Appendix 3); Brief description of relevant industrial experience of the Candidate, including: Description of its engagement in the brand operation within the past three years; Description of its experience in manufacturing, or authorization of others to manufacture household appliances in the past three years, and materials evidencing its current resources (including the name of the manufacturer, category of products, sales volume, time engaged in operation etc.) The Candidate’s preliminary working plan, including: The preliminary market plan of the household appliance; Further classification of the household appliance (on the basis of category as listed in Article 1 of this RFI), with the indication of those which the Candidate is capable of exploiting, designing and manufacturing，on its own, or through authorization of others; The general plan of operating the Expo-symbol license business for household appliances; General information of the Candidate’s specific work team, which will undertake responsibilities of the Candidate as the Licensed Manufacturer. Submission of application documents The Candidate shall submit the application documents by personal delivery or post according to the time provided in Section (2) of Article 6 of this RFI, to the contact address provided in Section (6) of this Article 5. The application documents submitted by personal delivery shall be deemed as duly submitted upon such delivery; application documents submitted by post shall be deemed submitted upon delivery to the Expo Bureau as shown in the postmark. The original of the application documents shall be submitted in one copy with three counterparts, together with an electronic version on CD-ROM. The application documents shall be submitted in an envelope marked Intention for Expo-symbol Licensed Manufacturer of Household Appliance for the Expo 2010. The Candidate may prepare the application documents in Chinese or in both Chinese and English. In case the application documents are prepared in both Chinese and English, the Chinese version shall prevail if there is any discrepancy.
The contact information of the Expo Bureau is: Bureau of
Address: 3rd Floor, Dome Hall,
No. 1000, Middle Yan An Road, Postcode: 200040 Person of Contact: Mr. Zou Yongfei, Mr. Cao yang Marketing Development Department Bureau of
Telephone: 0086-21-22062363, 0086-21-22062368 Fax: 0086-21-22060669 In case of any queries concerning this RFI and the solicitation process, Candidates may contact the above department in accordance with Section (6) of this Article. The Expo Bureau will publicly issue this RFI on April 6, 2006. The Candidates shall submit to Expo Bureau by 17:30 of May 10, 2006 (Beijing Time) all application documents. Belated submission shall be deemed invalid. The Expo Bureau shall notify the qualified Candidates upon review in writing, within 30 working days after the deadline for submission of application documents by candidates and sale the Request for Proposal. The Candidates shall submit their proposals in accordance with the provisions in the Request for Proposal. Belated submission shall be deemed invalid. (5) The Expo Bureau shall review the submitted proposals, select several Candidates, conduct negotiations with the selected Candidates, finally determine the Licensed Manufacturers, and conclude contracts with them.
Miscellaneous The Expo Bureau is entitled to amend or supplement this RFI, and any such amendment or supplement shall be regarded as an integral part hereof, with equal binding effect. When Candidates have submitted their application documents, they are not permitted to amend their documents. However, the Expo Bureau may request, in view of particular circumstances, that a Candidate clarify its submitted application documents or provide supplements thereto. The Expo Bureau shall not return the application documents and related information and materials submitted by the Candidates. This RFI shall in no case constitute a formal offer for the solicitation. In case a Candidate is selected as a Licensed Manufacturer, it shall enter into a formal written contract with the Expo Bureau according to the provisions set out in Section (5) of Article 6 hereof, and the rights and obligations of the parties shall be regulated according to the formal written contract concluded. Candidates may prepare all correspondence and/or application documents in connection with this solicitation in Chinese or in both Chinese and English. In case of any discrepancy where the document is in both Chinese and English, the Chinese version shall prevail. This RFI are prepared in both Chinese and English. In case of any discrepancy between the two versions, the Chinese version shall prevail. The solicitation
process shall be governed by and interpreted in accordance with the laws of the
People’s Republic of The Expo Bureau shall have the right of final interpretation and determination in respect of issues relating to the solicitation process. Bureau of
April 6, 2006
Letter of Intention from Candidate Bureau of
As per the Request for Intention to Apply for Expo-symbol Manufacturer of Household Appliance for World Expo 2010 Shanghai China (the “RFI”) issued by you on April 6, 2006, we, (name of Candidate), intend to participate in the solicitation of Expo-symbol Licensed Manufacturers of household appliance for the World Expo 2010 Shanghai China, and abide by all related rules in such solicitation. We hereby submit to you this Letter and all documents as set out in Article 4 of the RFI. The contact information of our Institution is as follows: Attention:_____________________Telephone:_________________ Fax:__________________________Email:_________________- Address:______________________Post Code:_______________ This letter is hereby submitted to your Bureau. Candidate: ________ Official Seal: _______ Signature of Legal Representative: ___________ Name of Legal Representative: ___________ Position of Legal Representative: ______________ Dated: __________
Power of Attorney Bureau of
I, [ ](name and position in block letters), the legal representative of [ ](name of Candidate), hereby authorize Mr./Ms. [ ] (name in block letters) of [ ] (name of department of Candidate) as the authorized representative of this institution to participate, in the name of and on behalf of this institution, in the solicitation process for Expo-symbol manufacturers of household appliance for World Expo 2010 Shanghai China. Any documents signed and any issues addressed by the authorized representative during the solicitation process (including but not limited to, the process of the Request for Intention, the process of the Request for Proposal, commercial negotiations in relation thereto) shall be acts taken on behalf of this institution, and shall be legally binding on this institution. This institution shall undertake full legal liability and shall be responsible for all consequences of such acts taken by the authorized representative. All necessary authorization from the internal power body has been obtained for this Power of Attorney. The authorized representative shall have no right to delegate its authorization hereof to any third party. This Power of Attorney shall become effective upon its signing, and is irrevocable. I hereby give this Power of Attorney to the effect set forth above. Name of Candidate (in block letters):_________________ Name of Duly Authorized Representative (in block letters): ___________ Address:_____________________ Valid ID Document Number:________________ Position of Duly Authorized Representative:______________________ Signature of Duly Authorized representative:____________________ Signature of Legal Representative:_________________ Official Seal: Dated: ______________________________
Appendix 3: Letter of Undertakings from Candidate Bureau of
Pursuant to the
public information pertaining to the solicitation of Expo-symbol Licensed
Manufacturers of Household Appliance for the World Expo 2010 Shanghai China
(hereinafter referred to as the “Licensed Manufacturer”) issued by the Bureau of
Shanghai World Expo Coordination (hereinafter referred to as the “Expo Bureau”)
on April 6, 2006, we, ,
would like to participate in the solicitation of Expo-symbol manufacturers of
household appliance for the World Expo 2010 Shanghai China. We have read and
fully understand the “Request for Intention to Apply for Expo-symbol Licensed
Manufacture of Household Appliance for World Expo 2010 We are a legally incorporated institution, validly existing and operating in good standing status. We have all requisite legal qualifications to enter into and submit the application documents and to participate in the solicitation process, and have obtained all our internal and other relevant authorizations and consents for us to engage in the activities mentioned above. The signatory to the application documents is the legal representative/person in charge of our institution, or its duly authorized representative, and through its act of signing, binds us as an institution. We, as an institution, guarantee that the information and materials provided in the application documents are true, accurate and not misleading, and are willing to be responsible for any consequences that may arise from untruthfulness, inaccuracy and misleading of such information or materials. We, as an institution, acknowledge that the application documents submitted to the Expo Bureau is for the purpose of its understanding and evaluation of our qualification as a Candidate. The Expo Bureau shall have the right to finally decide if we as an institution are to be issued the Request for Proposal or determined as a Licensed Manufacturer. The Expo Bureau is not obliged to assume any liability in the exercise of its rights mentioned above, nor shall it be obliged to provide an explanation to us for its decision. We, as an institution, will assume all costs incurred by us in relation to our participation in the solicitation process. We, as an institution, hereby guarantee that the application documents and all components thereof are completed by us independently, none of which are the result of discussion, cooperation with or understanding of any other Candidate participating in the solicitation process. We, as an institution, hold the complete and full copyright on the submitted application documents and any other relevant rights. We, as an institution, hereby guarantee that all the information herein is true, accurate and complete. We acknowledge that the Expo Bureau may, for the purpose of market development under the Expo 2010, unconditionally use all the information and results contained in this application documents and this solicitation process, regardless whether such information and results are confidential to or proprietary information of our institution. The “Confidential Information” referred to herein means all information and material relating to the Expo 2010 and the Expo Bureau. We agree and confirm that such information is confidential and covenants to undertake the following confidentiality obligations:
The Candidate shall keep all Confidential Information in strict confidence, with the same degree of prudence as that is applied when it treats its own information of a similar confidential nature. Whether or not we, as an institution, prematurely withdraws from this solicitation or finally becomes a Licensed Manufacturer, we shall not disclose or divulge any Confidential Information in whatever way, for whatever purpose without prior written consent from the Expo Bureau. We, as an institution, may disclose relevant Confidential Information to the shareholders, directors, supervisors, management, employees, temporary employees, consultants, agents or authorized representatives (collectively “Members of the Candidate ”), the disclosure to whom is necessary for the fulfillment of the purpose related to this Letter, and the Candidate shall be jointly liable to the Expo Bureau if disclosure or divulgement of Confidential Information has been disclosed or divulged as a result of the conduct of one or more members of the Candidate . In the event the Candidate, or any Member of the Candidate is obliged to disclose any Confidential Information as required by law or any judicial or governmental order, the Candidate, or any Member of the candidate, shall promptly notify the Expo Bureau of the request for or requirement of the disclosure of Confidential Information within a reasonable period prior to its consent to the disclosure, so as to give the Expo Bureau necessary time to seek proper remedies or exempt the Candidate from performance of the obligations hereunder upon review of the said request or requirement. Any rights relating to the information provided by the Expo Bureau (including but not limited to materials containing Confidential Information) shall belong to the Expo Bureau. The licensed use of such materials granted by the Expo Bureau to the Candidate shall not be construed as a transfer of any related rights of such materials by the Expo Bureau, and the Candidate may only use such information for the purpose of this solicitation process. We, as an institution, agree and confirm that the execution of this Letter shall not create any agency, partnership, joint venture, or similar relationship between the Candidate and the Expo Bureau (the “Parties”). This Letter shall not constitute any precedent or reference concerning any future transactions between the Parties, and shall not confer on each Party any right or privilege or obligation to enter into any other transactions except for those provided herein. Whether we, as an institution, actually participate or prematurely withdraw from this solicitation, or become one of the Licensed Manufacturers, we shall not, at any time or location or in anyway whatsoever, commercially publicize our participation in the solicitation process, nor shall we imply the existence of any relationship with the Expo 2010, the Expo Bureau or any market development plans relating to the Expo 2010. In the event that the Expo Bureau is confronted with claims, actions or arbitration or the like raised by any third party as a result of misrepresentation, warranty or breach of the obligations hereunder by the Candidate, or the Expo 2010 or the Expo Bureau suffers any economic loss or other loss in connection with its reputation thereof, both directly and indirectly, the Candidate shall adopt proper measures to hold the Expo Bureau harmless against any negative effect of the said claims, actions or arbitrations or the like, and any direct or indirect loss. The Expo Bureau reserves its rights to claim against the Candidate for the loss suffered by it. This Letter
shall be governed by and construed in accordance with the laws of the People’s
Republic of This Letter shall become effective upon execution by the Candidate. This Letter becomes effective upon execution, and shall be irrevocable without written consent from the Expo Bureau. (The following is intentionally left blank.) Name of Candidate: ______________________________ (Official Seal) Signature of Legal Representative/Person in Charge: ______________________________ Signature of Duly Authorized Representative: ______________________________ Name of Duly Authorized Representative (in block letters): ___________________________ Dated: |
