The seller and the buyer agree to sign this contract according to the following terms and conditions:
1. Product name, specification and quality:
2. Quantity:
Allow _ _ _ _ _ _ _% increase or decrease.
3. Unit price:
4. Total amount:
5.FOB/CFR/CIF delivery terms _ _ _ _
6. Country of origin and manufacturer:
7. Packaging:
The packaging of goods should be moisture-proof, rust-proof, shockproof and suitable for sea transportation. The seller shall be responsible for the damage and loss of the goods caused by poor packaging. The seller shall indicate the size, package number, gross weight, net weight, "this end is up", "moistureproof" and "handle with care" on each package in an indelible color.
The packaging of goods should be moisture-proof, rust-proof, moisture-proof, corrosion-proof and shock-proof, and suitable for sea/combined transport. The seller shall be responsible for the damage and loss of the goods caused by insufficient or improper packaging. Precautions such as size, gross weight, net weight, "Do not turn upside down", "moistureproof" and "handle with care" should be printed on the surface of each package with indelible pigments.
8. marks and numbers:
9. Time of shipment:
10. Loading port:
1 1. Port of destination:
12. Insurance:
To be covered by _ _ _ _, with the amount of 1 10% of the invoice value, plus _ _ _ and _ _ _ _ risks.
Insurance shall be covered by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
13. Payment terms:
(1) letter of credit: the buyer shall open an irrevocable letter of credit for negotiation in favor of the seller _ _ days before the date of shipment/after the contract comes into effect, and the letter of credit shall expire within _ _ days after the completion of shipment.
Letter of credit: The buyer shall open an irrevocable letter of credit in favor of the seller _ _ _ days before shipment/after the contract comes into effect. The letter of credit will expire _ _ _ days after the goods have been shipped as stipulated.
(2) D/P: After the goods are shipped, the seller issues a documentary draft drawn on the buyer, and delivers the documents to the buyer by D/P at sight through the seller's bank and the _ _ _ _ _ bank in exchange for the goods.
D/P: After shipment, the seller shall draw a draft at sight on the buyer and deliver the documents to the buyer by D/P through the seller's bank and/or bank. The buyer shall pay the bill immediately when it is first presented.
(3) D/A: After the goods are shipped, the seller will draw a payment documentary draft drawn on the buyer, and the payment term is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
D/A: After shipment, the seller shall draw a draft at sight and pay it within _ _ _ _ _ days after the buyer delivers D/A to the buyer through the seller's bank and _ _ _ _ _ _ _. The buyer shall pay on the date of the draft.
(4) Cash on delivery: The buyer shall pay all the payment to the seller within _ _ days after receiving the goods (not applicable to FOB, CRF and CIF terms).
Cash on delivery (COD): The buyer shall pay all the payment to the seller within _ _ _ _ days after receiving the goods (this clause does not apply to FOB, CFR and CIF terms).
14. required documents:
The seller shall submit the following documents to the bank for negotiation/collection:
The seller shall submit the following documents required for negotiation/collection to the bank:
(1) Full set of clean on-board blank endorsed ocean/combined transport/land bill of lading, marked to notify the consignee/consignee's agent and marked freight prepaid/collect.
Full set of clean on-board ocean/combined transport/land bills of lading and blank endorsement, indicating that the freight has been paid/collected;
(2) A commercial invoice marked with the contract number, letter of credit number (according to the payment terms of the letter of credit) and shipping mark;
Signed commercial invoice in duplicate, indicating contract number, letter of credit number (letter of credit terms) and shipping mark;
(3) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ copies of packing list/weight list issued by _ _ _;
(4) Quality certificate issued by _ _ _ _ _ _ _ _ _ _;
Certificate of quality issued by _ _ _ _ in _ _ _ copies;
(5) Quantity certificate issued by _ _ _ _ _ _ _ _ _ _;
_ _ _ _ quantity certificates issued by _ _ _ _;
(6) Original insurance policy (CIF delivery conditions);
Insurance policy/insurance certificate in duplicate (CIF clause);
(7) Certificate of origin issued by _ _ _ in _ _ copies;
Certificate of origin issued by _ _ _ _ in _ _ _ copies;
(8) Shipping Notice: The seller shall express a set of copies of the above documents to the buyer within _ _ _ hours after delivery.
The seller shall send a copy of the above-mentioned documentNo. _ _ _ to the buyer by express delivery within _ _ _ hours after shipment.
15. Terms of shipment:
(1)FOB delivery method
The seller shall notify the buyer of the contract number, product name, quantity, amount, packaging, gross weight, size and loading date at the port of shipment 30 days before the shipment date stipulated in the contract, so that the buyer can arrange chartering/booking. If the seller fails to ship the goods on time after the shipping vessel arrives at the port of shipment on time, the seller shall bear the deadweight or demurrage. All expenses and risks shall be borne by the seller before the goods cross the string and get off the hook.
The seller shall notify the buyer of the contract number, commodity, quantity, amount, packaging, gross weight, size and shipment date 30 days before the shipment date stipulated in the contract, so that the buyer can charter/book the shipping space. If the seller fails to load the ship when it arrives at the loading port on time, all expenses including dead space and/or demurrage arising therefrom shall be borne by the seller.
(2)CIF or CFR delivery method
The seller must transport the goods from the port of shipment to the port of destination within the time limit of shipment. Under CFR terms, the seller shall inform the buyer of the contract number, product name, invoice value and sailing date two days before shipment, so that the buyer can arrange insurance.
The seller shall deliver the goods from the port of shipment to the port of destination on time within the time limit of shipment. Under CFR conditions, the seller shall notify the buyer of the contract number, commodity, invoice value and shipment date by _ _ _ _ _ two days before shipment, so that the buyer can arrange insurance in time.
16. Shipping advice:
After the loading is completed, the seller shall notify the buyer of the contract number, product name, shipment quantity, total invoice amount, gross weight, ship name/car number/machine number and shipment date within _ _ hours.
After the shipment of the goods is completed, the seller shall notify the buyer of the contract number, commodity name, shipment quantity, invoice amount, gross weight, name of the ship and date of shipment within _ _ _ _ _ _ _.
17. Quality assurance:
The quality specifications of the goods must conform to the provisions of this contract and the quality guarantee, and the quality guarantee period is within _ _ months after the goods arrive at the port of destination. During the warranty period, if the goods are damaged due to the manufacturer's defects in the design and manufacturing process, the seller shall be responsible for compensation.
The seller shall ensure that the quality, specifications and quantity of the goods conform to the provisions of this contract and the quality guarantee. The warranty period is _ _ _ _ months after the goods arrive at the destination port. During this period, the seller shall be responsible for the damage caused by the manufacturer's design and manufacturing defects.
18. Check (choose one of the following two):
(1) The seller shall entrust _ _ _ _ _ inspection agency to inspect the goods under this contract, and the inspection certificate shall be issued by _ _ _ _ _ _ _ inspection agency at the port of destination.
The seller shall inspect the goods/days before shipment and issue an inspection certificate/. After the goods arrive at the destination, the buyer may request that the goods be reinspected.
(2) Before delivery, the manufacturer shall accurately and comprehensively inspect the quality, specifications, performance and quantity/weight of the goods, and issue an inspection certificate stating the technical data and conclusions of the inspection. After the goods arrive at the destination port, the buyer will apply to the China Commodity Inspection Bureau (hereinafter referred to as the Commodity Inspection Bureau) to inspect the specifications and quantity/weight of the goods. If it is found that the goods are damaged or the specifications and quantity are not in conformity with the contract, in addition to the responsibility of the insurance company or the shipping company, the buyer may claim compensation from the seller or reject the goods with the inspection certificate issued by the commodity inspection bureau within _ _ days after the goods arrive at the port of destination. During the warranty period, if the goods are damaged due to design or manufacturing defects or the quality and performance are not in conformity with the contract, the buyer will entrust the China Commodity Inspection Bureau for inspection.
The manufacturer shall accurately and comprehensively inspect the quality, specifications, performance and quantity/weight of the goods before delivery, and issue an inspection certificate to prove the technical data and inspection conclusion. After the goods arrive at the destination port, the buyer shall apply to China Commodity Inspection Bureau (hereinafter referred to as CCIB) for further inspection of the specifications and quantity/weight of the goods. If the goods are found to be damaged, or the specifications and/or quantity are not in conformity with the provisions of this contract, in addition to the responsibilities of the insurance company or the shipping company, the buyer shall claim compensation from the seller within _ _ _ _ days after the goods arrive at the destination port, or refuse to accept the goods according to the inspection certificate issued by CCIB. If the goods are damaged due to design or manufacturing defects and/or the quality and performance are not in conformity with the contract, the buyer shall request CCIB to conduct inspection during the warranty period.
19. Claim:
The buyer claims against the seller with the inspection certificate issued by the inspection agency entrusted by him (including replacement), and all expenses arising therefrom shall be borne by the seller. If the seller fails to reply within _ _ _ days after receiving the above claim, it shall be deemed that the seller has accepted the buyer's claim.
The buyer will claim compensation from the seller on the basis of further inspection certificate (including replacement of goods), and all expenses arising therefrom will be borne by the seller. If the seller fails to reply within _ _ _ _ _ days after receiving the buyer's claim, the above claim shall be deemed to have been accepted.
20. Delayed delivery and penalty:
Except for the force majeure in Article 2 1 of the contract, if the seller fails to deliver the goods within the time stipulated in the contract, the buyer agrees to postpone the delivery on condition that the seller pays a fine. The negotiating bank can deduct the penalty when negotiating the payment. The penalty rate is _ _% every _ _ days, and the part-time job is _ _ days. However, the fine shall not exceed _ _% of the total price of the delayed goods. If the seller delays delivery for more than _ _ days as stipulated in the contract, the buyer has the right to cancel the contract. At this time, the seller should still pay the fine to the buyer according to the above provisions without delay.
The buyer has the right to lodge a claim against the seller for other losses suffered as a result.
If the seller fails to deliver the goods on time as stipulated in the contract, the buyer shall agree to postpone the delivery, except for the force majeure reasons stipulated in Article 2 1 of this contract, provided that the seller agrees to pay the penalty, which shall be deducted from the negotiated payment by the paying bank. A penalty of _ _ _ _ _% will be charged for every _ _ _ _ _ _ days, and the number of days less than _ _ _ _ _ _ _% will be calculated. However, the fine shall not exceed _ _ _ _ _ percent of the total value of the goods involved in the delayed delivery. If the seller fails to deliver the goods _ _ _ _ _ days after the shipment date stipulated in the contract, the buyer has the right to cancel the contract. Although the contract is cancelled, the seller shall pay the above liquidated damages to the buyer immediately.
The buyer has the right to lodge a claim against the seller for the losses suffered.
2 1. Force Majeure:
The seller shall not be responsible for any delivery failure or delay caused by force majeure during manufacturing or shipment. In case of the above situation, the seller shall immediately notify the buyer and send an accident certificate issued by the local civil chamber of commerce to the buyer by express mail within _ _ days. In this case, the seller is still responsible for taking all necessary measures to speed up the delivery. If the accident lasts for more than _ _ days, the buyer has the right to cancel the contract.
The seller is not responsible for the delayed shipment or non-delivery of the goods caused by force majeure that may occur during the manufacturing process or during shipment or transportation. The seller shall immediately notify the buyer of the above accident, and send a notice to the buyer by express delivery within _ _ _ days thereafter, asking the buyer to accept the accident certificate issued by the local chamber of commerce where the accident occurred as evidence. However, in this case, the seller is still obliged to take all necessary measures to speed up the delivery. If the accident lasts for more than _ _ _ _ days, the buyer has the right to cancel the contract.
22. Dispute settlement (arbitration):
Any dispute arising from or related to this contract shall be settled through consultation. If negotiation fails, the case shall be submitted to China International Economic and Trade Arbitration Commission Shenzhen Branch for arbitration in accordance with its arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding on both parties.
Any dispute arising from or related to this contract shall be settled through friendly negotiation. If negotiation fails, the dispute shall be submitted to China International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding on both parties.
Notice:
All notices are written in _ _ _ _ _ and sent to the following addresses by fax/email/courier. If the address changes, one party shall notify the other party in writing within _ _ days after the change.
All notices shall be written in the form of _ _ _ _ _ and delivered to both parties by fax/courier at the following address. If there is any change of address, one party shall notify the other party within _ _ _ _ days after the change.
24. The terms FOB, CFR and CIF used in this contract are based on the Incoterms 2000 of the International Chamber of Commerce.
The terms FOB, CFR and CIF in the contract are based on Incoterms 2000 of the International Chamber of Commerce.
25. Additional clauses:
If there is any conflict between the above-mentioned clauses of this contract and this additional clause, this additional clause shall prevail.
In case of conflict between the above-mentioned contract terms and this additional clause, this additional clause shall prevail.
26. This contract is written in Chinese and English, both languages are equally authentic. This contract is made in duplicate and shall come into effect as of the date of signature (seal) by the representatives of both parties.
This contract is made in duplicate in Chinese and English, both texts being equally authentic. This contract is made in duplicate and shall come into effect as of the date of signature/seal by both parties.
Buyer's representative (signature):
buyer's representative
(Authorized signature):
Seller's representative (signature):
seller's representative
(Authorized signature):