sales contract ( original )
contract no date signed at
sellers
address
tel fax email
buyers
address
tel fax email
约首: this sales contract is made by a nd between the sellers a nd the buyers whereby the sellers agree to sell a nd the buyers agree to buy the under—montioned goods according to the terms a nd conditions stipulated below
name of the commodity specifications packing term
quantity
unit price
total amount
white rice longshaped
broken grains ( max)
25 admixture ( max)
025 packed in gunny
bags of 50 kilos each
1 000 mt
usd 200 per mt cif new york
two hundred thousand us dollars only
shipment 3 more or less at seller’s option and the price shall be calculated according to the unit price
麦头: shipping mark
to be designated by the sellers at the sellers’ option
保险条款: insurance
fob cfr 合保险条款订:
insurance to be covered by the buyer
cif 合保险条款订:
insurance to be covered by the sellers for 110 of the invoice value against wpa all risks war risk including shortage in weight as per a nd subject to the ocean marine carge clauses of the people’s insurance company of china dated jan 1 1981 if other coverage o r an additional insurance is required the buyers must have the consent of the sellers before shipment a nd the additional premium is to be borne by the buyers
装运条款: shippment
time of shipment during febmar XX in two equal monthly lots
port of loading shipment
port of destination london transhipment at hongkong allowed
the carrying vessel shall be provided by the sellers partialshipment a nd transshipment are allowed after loading is completed the seller shall notify the buyers by cable of the contract number name of commodity name of the carring vessel a nd date of shipment
付款条件: terms of payment
the buyers shall open with a acceptable to the sellers an irrevocable sight letter of credit to reach the sellers 30 days before the month of shipment valid for negotiation in china until the 15th day after the month of shipment ( export )
by irrevocable letter of credit for 90 the total invoice value of the goods tb be shipped in favour of the sellers payable at the issuing bank against the sellers’ draft at sight accompanied by the shipping documents stipulated in the credit the balance of 10 of the proceeds is to be paid only after the goods have been inspected a nd approved at the port of destination ( import )
by confirmed irrevocable letter of credit in favor o9f the sellers payable at sight against presentation of shipping documents in china with partial shipments a nd transshipment allowed the covering letter of credit must reach the sellers 15 days before the contracted month of shipment6 a nd remain valid in the above loading port until the 15th day after shipment failing which the sellers reserve the right to cancel the contract without further notice a nd to claim against the buyers for any loss resulting there from
to be effeced by documentary draft under d a terms
payment shall be made by documentary draft to be payable under d p terms
交货条件: delivery terms
certificates of quality quantity weight a nd qrigin are required the buyers have the right to have the goods re—inspected by the guangzhou entry—exit inspection a nd quarantine bureau of the people’s republic of china at the prt fo discharge the relevant inspection certigficates may serve as the basis of any claim to be lodged by the buyers against the sellers
检验条款: commodity inspection
it is mutually agreed that he certificate of quality a nd weight issued by( eg china entryexit inspection a nd quarantine bureau ) surveyor at the port of shipment shall be ( taken as the basis of delivery ) part of the documents to be presented for negotiation under the relevant weight of the cargo the re—inspection fee shall be borne by the buyer the claim with the cargo if any shall be lodged to the seller within days after arrival of the cargo at the port of destination
索赔条款: discrepancy and claim
any claim by the buyers regarding the cargo shall be supported by survey report issued by a surveyor approved by the seller a nd lodged within 45 days after the arrival of the cargo at the port of destinaton the seller will not consider claims in respect of matters within responsibility of insurance company o r shipping company
should the seller fail to make delivery on time the buyer shall agree to postpone the delivery on the conditon that the seller agrees of pay a penalty which shall be deducted by the paying bank at the time of payment the rate of penalty is charged at 05 of the total value of the cargo whose delivery has been delayed for every week odddays less than a week should be counted as a week but the total amount of penalty shall not exceed 5 of the total value of the cargo involved in the late delivery in case the seller fail ot make delivery 10 weeks later than the time of shipment stipulated on the contract the buyer shall havbe the right to cancel the contract a nd the seller shall still pay the aforesaid penalty to the buer without delay
quality quantity discrepancy a nd claim
in case the quality andor quantity weight are found the buyers to be not in conformity with the contract after arrival of the goods at the port of destination the buyers may lodge claim with the sellers supported by survey report issued by an inspection organizaiton agreed upon by both parties with the exception however of those claims for which the insurance company andor the shipping company are tobe held responsible claim for quality discrepancy should be filed by the buyers within 30 days after arrival of the goods at the port of destination while for quantityweight discrepancy claim should be filed by the buyers within 15days after arrival of the goods at port of destination the sellers shall within 30 days after receipt of the notification of the claim aend reply to the buyers
索赔期限: validity of claim
the buyers have the rihgt to lodge claims for all losses sustained within 60 days after discharge of the goods at the port of destination
综合式抗力条款:force majure
the seller shall not be held responsible for late delivery o r non—delivery of the goods due to flood fire earthquake snowstorm drought hailstormhurricane o r other events that are beyond the control of the seller but the seller shall notify the buyer by cabel as soon as possible a nd give the buyer a certificate by6 registered mail issuedd by the china council for the promotion of international trade o r other competent authorities
if shipment of the contracted goods is prevented o r delayed in whole o r in part due to force majeure the sellers shall not be liable for non—shipment o r late shipment of the goods under this contract however the seller shall notify the buyers by fax o r telex a nd furnish the latter within 15 days by registered airmail with a certificate issued by the competent authorities at the place of occurrence attesting such event o r events
仲裁条款: arbitration
规定国仲裁条款:
all disputes in connection with o r arising from the contract shall be settled amicably through negotiation in case no settlement can be reached between the two parties the case shall be submitted to the china intermational economic a nd trade arbitration commission beijing for arbitraiton in accordance with its rules of arbitration the arbitral award is final a nd binding upon both parties the arbitration fee shall be borne by the losing party unless otherwise awarded by the arbitration court
规定诉方仲裁条款:
all disputes in connection with o r arising from the contract shall be settled amicably through negotiation in case no settlement can be reached betweenthe two parties the case shall be submitted for arbitration the location of arbitration shall be in the country of thew domicile of the defendant if in china the arbitration shall be conducted by the cjhinea international economic a nd trade arbitratiton if in the arbitration shall be conducted byin accordance with its arbitral rules the arbitral award is final a nd binding upon both parties the arbitration fee shalll be borne by the losing paryt unless otherwise awarded bythe arbitration court
规定第三国仲裁条款:
all disputes in connection with o r arising from the contract shall be settled amicably through negotiation in case no settlement can be reached between the two parties the case shall be submitted tofor arbitration in accordance with its rules of arbitration the arbitral award is final a nd binding upon both parties the arbitration fee shall be borne by the losing party unless otherwise awarded bythe arbitration court
适法律: governing law
this contract shall be governed by the laws of the people’s republic of china
定金条款: earnest money
the buyer shall pay of the total value of the cargo by tt to the seller as the earnest money in the case that the buyer fulfilled the obligations in the contract the earnest money shall be deducted by the paying bank at the time of payment otherwise the earnest money shall not be returned in the case that the seller failed to fulfill any obligation the the contract the seller shall pay twice the earnest money to the buyer
: others
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