Chapter 1  General Rules

Chapter 2   Procedures of enrolling and withdrawing

The members of eAVIC are divided into three kinds: temporary member, basic member and association member.  

1.        Temporary member: Any legal entities can directly apply for the membership of eAVIC and register as an independent entity. Upon the registration, it will become the temporary member of a certain bid business. After the bid business, its membership will be suspended. When they want to join in a bid, they can make request to activate their membership qualification. 

2.        Basic member: Any legal entities can make request to eAVIC directly. They can register as an independent entity. However, they are not granted the functions to accept any other separate legal entities under it. 

3.    Association member: Any legal entities can make request to eAVIC directly. They can register as an independent entity. However, they are granted the function to accept affiliate companies under it. The affiliate company can apply for the temporary or basic membership from its parent company.

Article 1          In the following cases, the membership will be withdrawn automatically. 

1.        Those who voluntarily present withdrawing application in written form;

2.        The member enterprise who has been adjudicated to go bankrupt;  

3.    Those who don¡¯t pay the outlay as required.

Those who have the following instances, eAVIC are entitled to  warn the members or cancel their membership.  

1.        Members who provide with false information, violate the principle of good faith or issue false and deceiving information; 

2.        The members who don't observe the member regulation, don¡¯t perform member obligation or violate the related administrative provisions of eAVIC; 

3.        The members who are complained for breach of business contract.

4.        Those who cheap shot, vivificate eAVIC or the other members. 

5.        Those who utilize eAVIC to spread computer virus on purpose, produce and transfer junk mails, attack other networks, break into other member's account. These acts are hurting eAVIC as well as other networks' daily function;

6.        Those who adopt unfair competition at the trade activity of eAVIC, which are hurting eAVIC or other members;

7.        Those who are committing unlawful activities or activities that are against public morality in eAVIC;

8.        Those who are punished by related competent departments for making illegally deals or breaking the rules;

9.    The association member who didn't manage their affiliated member or the affiliated member broke the above-mentioned rules.

Chapter 3   Rights and obligations of the members

Temporary member enjoys the following rights: 

1.        To take part in some certain list of bidding items in a given period at eAVIC. 

2.        Free to withdraw.  

3.    Rights of petition while violated by other members.

Basic member enjoys the following rights: 

1.        To use the provided function of eAVIC; 

2.        Free to withdraw;

3.        Rights of petition while violated by other members;

4.        Rights to acquire help from eAVIC to deter others from violating rights;

5.    Rights to require eAVIC to provide the related record and evidence.

Association member enjoys the following rights: 

1.        The right of basic member's£»

2.        To manage the affiliate company that had registered in the platform. 

3.        To supervise the affiliate company¡¯s actions in eAVIC that had registered in the platform.

The obligation of the member's: 

1.        They shall comply with the member regulation, rules of transactions, the related administrative provisions of eAVIC and enrolling agreement. The members shall accept the periodic censor of membership by eAVIC. 

2.        They shall comply with "the general rules in People's Republic of China's civil law ", " contract law of People's Republic of China ",¡± advertisement regulation act of People's Republic of China ", " management method of internet information service " and " protection law of consumer¡¯s rights and interests ". They shall have a regard for Chinese norm of morality and folk customs; 

3.        The commodities and services, which are demonetized by People¡¯s Republic of China, shall not to proceed via network transaction mode. When the transaction is related to the restricted circulation and immovable property, securities trading and other business, they shall comply with the related rules of nation. 

4.        The members shall keep the nation¡¯s privacy; have a regard for privacy of individual; respect and protect intellectual property. 

5.        The members shall guarantee that the information published on net shall be true and accurate. They shall assume all the resulting responsibilities. 

6.        Notify eAVIC in written form about their changed member information. They shall guarantee that the member information is up-to-date. 

7.        The member shall agree that the information submitted to eAVIC be incorporate into the database. The information will be published in eAVIC for public to consult and employ. Members who don't agree to publish their information shall be proclaiming in written form while submitting the information, else would be treat as acceptance. 

8.        Members shall stipulate to the principles of equity, justness and good faith. They shall not adopt any unrighteous competition means. They shall not do anything, which might be disorder, the normal transaction order of eAVIC. 

9.        The members shall keep their member account and password in good order. It is prohibited to give to member account and password to the third party. Members shall not share the member account and password with others and exploit member account and password to do any unauthorized activity. The members assume full liability to the activities under its member account and password .

10.   Members shall not do any activity that might disrupt the transaction of eAVIC and the normal running order of the network. 

11.   The members shall well preserve the different kinds of electronic data generated by eAVIC.

12.   The withdrawn member or members who had been deprived the membership still has the obligation to keep eAVIC's related business secret. The period of keeping business secret is triennium.

13.   The withdrawn member or members who had been deprived the membership shall still perform the unfinished service related to the bargain on eAVIC. They shall also assume all the legal responsibility for their commercial activity or non-commercial activity in eAVIC. 

14.   Members who have already withdrawn or been deprived the membership shall not making any deal under the name of eAVIC's member.  

15. Members shall render the related outlay on time. 

The rights and obligations of eAVIC operating agency: 

1.        The agency shall oversee the eAVIC member regulation, rules of transactions and relate administrative provisions to be executed. 

2.        The agency shall enroll more members. They shall safeguard the member's lawful rights and interests. More than that, they shall organize colorful member activities. 

3.        The agency shall watch closely on eAVIC reputation. They shall solve the member¡¯s withdrawal and matter concerning with the canceling of membership in a good manner. 

4.        They shall delete the distorted, mendacious, void member and business information in due course. 

5.        The agency shall monitor the information of the member's feedback column. They shall delete the internet administrative provisions that violate the laws.  

6.   The agency shall provide with the technical service and technology security. They shall guarantee the reliability and security of the network platform.

eAVIC and its operating agency shall not take the responsibility to its members or third party in the following cases: 

1.        The failures or errors of eAVIC owing to the hostile attack by hacker, the intrusion of computer virus, the malfunction of communication network and other accidents or emergencies. 

2.        The damage caused by using the interlinked net and organization's information and service. 

3.        Owing to member withdrawing or the membership been cancelled. 

4.        Owing to the member¡¯s improper, illegal or malicious act. 

5.        The shutdown or service interruption of eAVIC owing to the shift of state law and administrative regulation.  

6.    Owing to the force majeure, such as government¡¯s restriction, stricken, war, disaster.

Chapter 5   Supplementary Provisions

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Transaction Rules of eAVIC

Electronic Contract

When the trade members of eAVIC agree to the entire contract terms, for instance, they submit the order and confirmed it, then, the contract will be generated in electronic form. The right and obligation of this transaction will be ascertained. 

Once the electronic contract is generated, it has the legal effect to both sides. The both sides shall fulfill the contract according to the electronic contract. 

eAVIC is the third party to witness the electronic contract. The preserved electronic text format is the ultimate text for the electronic contract, which shall provide the final explanation. The member who breaks the contract, doesn¡¯t meet its engagements shall shoulder the relevant responsibility. eAVIC will also punish it according to " Regulation Guides of eAVIC" and " Agreement".

 Procedure of shopping: 

1.        Browse suppliers¡¯ catalogs and search goods and services in need. 

2.        Select the goods and services£¬and view detailed item information. 

3.        Put the desired items into shopping cart and choose the quantity of the Desired items.

4.        There are three choices after the above steps:

1)  ¡°return to shopping¡± to select other goods and services.

2) select " billing " to accept the goods and services offered by suppliers. Confirm the quantity and amount payable, freight terms and payment terms. Complete the electronic contract text and realized the procedure by electronic contract. 

3) select "add to negotiation" to make further negotiation on the details of the offer, however  the electronic contract has not yet been established.

4) select "add to negotiation" to go to the negotiation procedure£¨detailed please refer to Article Seven£©.

 Purchasing negotiations is divided into auctions and RFQs. It is an independent purchasing mode. The buyer can either follow the Article 5 to enter this step or launch invitation to bid or inquiry directly. He can also bid or inquire the void merchandise that doesn't list on the catalogs. 

1.        The auction in buying negotiation means the buyer gives an invitation to bid. The buyer who needs goods and services can ask the seller who provides goods and services to bid. The following is the auction procedure:  

1)      Buyer¡¯s auction. Create the necessary information of the buyer¡¯ auction. Select the auction styles£¨open, blind, sealed£©£¬then generate the valid offer after the publication of the bid. And build up the legal responsibility.

2)      Seller bidding. Read and respond to the buyer¡¯s auction. Submit the acceptance of valid bid form and assume the asserted legal responsibility. 

3)      Open the bid in the stated closing date by the buyer and then evaluate and award the bid. Send the notification of tender award or failure to the bidding sides respectively. The electronic contract of buyer and successful bidding side become valid when the bidding side receives the notification. 

4)      The buyer and successful bidder shall sign the written contract£¨if the both sides consider it is necessary£© according to the established electronic contract and fulfill the treaty contents. 

2.        The Request for Quotation (RFQ). RFQ is a process in which the buyers ask the seller for quotation to the listed of goods or services. The following is RFQs procedure:

1)      The buyer creates RFQs. Create RFQs for several products, submit the inquiry and invite supplier to offer. Issues the inquiry and send it to the supplier. And then the legal responsibility is built up.

2)      The supplier prepares and submits the quotations based on the buyer¡¯s RFQ. Once the supplier submits the quotations, it means that he has sent the offer£¬and shall assume the legal responsibility of offer.

3)   Acceptance of quotations or begin a new round of RFQs.  The buyer evaluates the quotations, and makes the decision whether he will accept the quotations or begin a new round of RFQs. Once the quotation was accepted, the system will notify the related supplier immediately. The electronic contract between  buyer and selected supplier will become valid.

Procedure of catalogs:

Through the establishment of sales catalogs, the supplier publishes to all the members or appointed members of eAVIC about their products and services. eAVIC provides two kinds of major procedures on the established sales catalogs: on line item maintain and bulk loading. 

1.        The procedures of on line item maintain:  

1)      The program to create the catalogs of the goods and services and the price list on the eAVIC:

A.        Create item

B.       Type in the information of the item. 

C.      Add price list to the item

D.      Submit the item including information and price list. 

The price list includes two kinds: the general price list for all the members of the platform and the special price list for some certain buyers. After the special buyer price list is established, only the members that the price provided to can check this price list. Other users have no rights to see it. The special buyer price list should be reviewed by the buyer to put into effect. If the buyer doesn¡¯t agree to the offer in the price list, the supplier should reformulate a new one. 

After submitting the item and the special buyer price list have been reviewed by the buyer. The issuing procedure of publish catalogs has been finished. The supplier should be responsible to the issued catalogs offer. 

2)      The procedure to edit or delete the catalogs. Through this procedure, the supplier can edit or delete the catalogs issued in eAVIC. 

2.        Procedure of bulk loading: 

Through the procedure of bulk loading provided by the platform, the supplier can type in the product information off-line generate electronic spreadsheet and then upload it in once time. 

1)      Download the electronic spreadsheet document template.

2)      Use the template to edit the sales catalogs off-line.

3)      Unload the finished sales catalogs to eAVIC.

4)      Check and examine the state of bulk loading. 

5)      Countercheck and issue the loaded data. 

By now, the supplier finishes the procedure of bulk loading. He shall shoulder the relevant legal obligation to the sales catalogs offer issued. 

3. The so-called third party sales catalogs management, refers to the suppliers entrust the third party member to do their own sales catalogs supervisory work. The third party member helps them to establish, maintain the sales catalogs under a certain fee.

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Selling negotiations can be categorized as seller's auctions and quotations. 

1.        Seller¡¯s auction; means the seller who offers goods and services ask the buyers to participate in competitive bidding. The procedure is as follows: 

1)     Create seller¡¯s auction. Sellers create the necessary  information of seller¡¯s auction, select the auctioning form£¨open, blind, sealed£©£¬then the valid offer has been generated after the publication of the auction, and the legal responsibility of the offer has been assumed. Choose the buyer¡¯s auctions.

2)      Purchaser biding offer. After the purchaser reviews and responds to the auction and the price offered, the offer is done and he should shoulder the offer¡¯s legal responsibility.  Respond to auctions, place bid and submit. Then the supplier has the legal responsibility to the offer.

3)   Seller shall open the bid in the stated closing date, and then evaluate and award. They shall send the notification of tender award or failure to the bidding sides respectively. The electronic contract of seller and successful bidding side becomes valid.  When the supplier confirms the biding , it becomes an acceptance . The bilateral electronic contract comes into existence.

4)   Seller and successful bidder shall sign the written contract£¨if the both sides consider it is necessary£© according to the established electronic contract and fulfill the treaty contents. 

2.        The selling negotiation quotation is the reply of RFQs from supplier to purchaser. It is the offer to the RFQs. the procedure of the quotation includes: 

1)      Choose the buyer¡¯s RFQ; 

2)      Respond to RFQs, place quote and submit. Then the supplier has the legal responsibility to the offer.  

3)   When the supplier confirms the quotation, it becomes an acceptance. The bilateral electronic contract comes into existence.

Order management procedure in sales management: 

1.        View orders. It means that the supplier check the orders submitted by the buyers. 

2.        Supplier can acknowledge the order according to the buyer¡¯s requirement.  

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