With the deepening of people's understanding of law, contracts are more and more widely used in life. In general, the contract must be signed in the prescribed way. So how to write the relevant contract? The following are seven export contracts that I have compiled. Welcome everyone to refer to it, I hope I can help you.
Export ContractNo.1:_ _ _ _ _ _
Seller: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Buyer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Both parties agree that the seller sells the goods according to the following terms, and the buyer buys the goods according to the following terms:
1. Name, specification, packaging and marks and numbers of the goods.
2. Quantity
3. Unit price
4. Total value
Packing: small bundles of _ _ _ _ _ _ _ _ _ kg and/or large bundles of _ _ _ _ _ _ _ _ _ kg.
The seller has the right to ship more or less within _ _ _ _ _
The buyer's commission included in the above price is calculated according to _ _ _ _ _
5. Time of shipment: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
6. Port of shipment: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
7. Port of destination: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
8. Insurance: The insurance shall be covered by the seller at% of the invoice value.
9. Payment terms: The buyer shall open an irrevocable, transferable and divisible letter of credit in favor of the seller through a bank agreed by both parties, allowing partial shipment and transshipment. This letter of credit is payable against shipping documents at _ _ _ _ _ _ _ _ _ Bank in China.
The letter of credit must be opened before _ _. The letter of credit is valid within 15 days after shipment and expires in China.
10. Documents: The seller shall provide a clean on-board bill of lading, invoice, packing list/weight list to the negotiating bank; if this contract is based on cif terms, it shall also provide a negotiable insurance policy or insurance certificate.
1 1. Shipping conditions
1) The carrying vessel is arranged by the seller, allowing partial shipment and transshipment.
2) After the goods are loaded on board, the seller shall notify the buyer of the contract number, product name, quantity, ship name and loading date by cable.
12. Objections and claims on quality and quantity/weight: If the buyer finds that the quality and/or quantity/weight of the goods are not in conformity with the contract after the goods arrive at the port of destination, it is the responsibility of the insurance company and/or the shipping company, and the buyer can raise objections to the seller on the basis of the inspection certificate issued by the inspection institution agreed by both parties. Quality objection must be raised within 30 days from the date of arrival of the goods at the port of destination, and quantity/weight objection must be raised within 15 days from the date of arrival of the goods at the port of destination. The seller shall reply to the buyer within 30 days after receiving the objection.
13. Force Majeure: The Seller shall not be responsible for failure to deliver the goods within the time limit stipulated in this contract due to force majeure. But the seller must inform the buyer by cable immediately. If requested by the buyer, the seller shall provide the buyer with an accident certificate issued by the China Council for the Promotion of International Trade or relevant institutions by registered mail.
14. Arbitration: All disputes arising from the execution of this contract or matters related to this contract shall be settled by both parties through friendly negotiation. If no agreement can be reached, the arbitration shall be conducted in the defendant country in accordance with the arbitration procedure rules of the arbitration institution of the defendant country. The arbitration decision is final and equally binding on both parties. Unless otherwise decided by the arbitration institution, the arbitration fee shall be borne by the losing party.
15. Remarks: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Seller: _ _ _ _ _ _ _ _ _ _ _ _ _ _ (seal)
Representative: _ _ _ _ _ _ _ _ _ _ _ _ (signature)
Buyer: _ _ _ _ _ _ _ _ _ _ (seal)
Representative: _ _ _ _ _ _ _ _ _ _ _ _ (signature)
Completed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Export Contract Part II ContractNo.: _ _ _ _ _ _
Signing place: _ _ _ _ _ _
Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A (the entrusting party): _ _ _ _ _ _ _
Party B (trustee): _ _ _ _ _ _ _
Based on the principle of equality, mutual benefit and consensus, both parties sign this contract and entrust Party B to handle export business.
I. Description of export commodities
1. Product name: _ _ _ _ _ _ _
2. Variety specification: _ _ _ _ _ _
3. Quantity: _ _ _ _ _ _
4. Price terms: _ _ _ _ _ _
5. Total value: _ _ _ _ _ _
Two. Rights and obligations of Party A
1. Organize the goods in time according to the quality, quantity and packaging of the goods specified in the export contract (No.:_ _ _ _ _ _).
2. Bear all expenses before export and shipment, and transport the goods to the warehouse or container yard designated by Party B according to the time and quantity instructed by Party B. ..
3. All customer claims caused by the quality, specification, quantity, packaging and delivery date of the goods, as well as all economic losses arising therefrom, shall be borne by Party A. ..
4. It is necessary to ensure that the trademarks, brands, patents and know-how of the commodities provided comply with the provisions of relevant intellectual property rights.
5. If the goods enjoy the national export tax refund treatment, Party A shall provide a complete and legal special VAT invoice when Party B handles the tax refund.
Three. Rights and obligations of Party B
1. Work out the terms of the foreign trade contract with Party A * * and be responsible for signing the foreign trade contract.
2. Keep abreast of the stocking situation and be responsible for accepting an irrevocable letter of credit opened by foreign customers in favor of Party A or remittance by wire transfer.
3. Go through the formalities of customs declaration, inspection and settlement of export goods.
4. Go through the formalities for verification of export proceeds.
5. If Party A handles the tax refund, Party B shall provide the export goods declaration form (tax refund form), export invoice, export receipt verification form (tax refund form) and contract model "Entrusted Export Contract".
6. Party B can handle the export tax refund loan for Party A according to the tax refund certificate approved by the tax bureau. The agreement on entrusted export tax rebate loan shall be signed separately.
Four. Charging standard and settlement method
1. Party B will charge a commission of _ _ _ _ _% on the export commercial invoice.
2. After receiving foreign exchange from export, Party B shall settle accounts with Party A after deducting commission, customs declaration fee, inspection fee and other receivable fees.
3. After confirmation by both parties, according to the written remittance instruction provided by the other party, the settlement shall be made in the form of check or draft in time.
Verb (abbreviation of verb) Other matters not covered shall be settled by both parties through consultation.
Handling of disputes over intransitive verbs
1. This contract shall be governed by and construed in accordance with the laws of People's Republic of China (PRC).
2. Disputes arising from the performance of this contract shall be settled by both parties through consultation, or mediated by relevant departments; If negotiation or mediation fails, it shall be settled in the following _ _ _ _ _ _ _ way:
(1) Submit to _ _ _ _ _ _ _ Arbitration Commission for arbitration;
(2) bring a lawsuit to the people's court according to law.
7. The export contract numbered _ _ _ _ _ _ _ is an integral part of this contract.
Eight. This contract shall come into effect as of the date of signature and shall be terminated after settlement by both parties.
Nine, the original of this contract in duplicate, each party holds one copy, all of which have the same legal effect.
Party A (seal): _ _ _ _ Party B (seal): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
Authorized agent (signature): _ _ _ _ _ Authorized agent (signature): _ _ _ _ _
Company address: _ _ _ _ _ _ Company address: _ _ _ _ _ _ _
Tel: _ _ _ _ _ Tel: _ _ _ _ _ _
Fax: _ _ _ _ _ _ Fax: _ _ _ _ _ _
Bank of deposit: _ _ _ _ _ Bank of deposit: _ _ _ _ _ _
Account number: _ _ _ _ _ Account number: _ _ _ _ _ _
Postal code: _ _ _ _ _ _ Postal code: _ _ _ _ _ _ _ _
Chapter III of Export Contract Entrusting Party (Party A): Address: Business License RegistrationNo.: Legal Representative (Person in Charge): Agent (Party B): Address: Business License RegistrationNo.: Legal Representative (Person in Charge): According to the People's Republic of China (PRC) Contract Law and other laws and regulations, both parties entrust Party B as the agent on the principle of voluntariness, equality, honesty and credibility. Both parties promise and guarantee to perform according to the contract.
I. Entrusted Agency Matters Party B accepts the entrustment to handle the goods (import and export) formalities for Party A, and all goods (import and export) must be within the permitted business scope stipulated by national laws. Party A entrusts Party B to sign a foreign trade contract in the name of _ _ _ _ _ _ (Party A and Party B) to (import) and export the following goods:
( 1)____________________________________________。
(2)____________________________________________。
(3)____________________________________________。
(4)____________________________________________。
Two. Authority of Entrusted Agency Party A authorizes Party B to carry out foreign trade agency activities within the scope of authorization stipulated in this contract, and Party B accepts the entrustment, is responsible for external liaison, and signs and assists Party A in implementing the contract for the sale of goods (hereinafter referred to as the foreign trade contract). Before signing the foreign trade contract, Party B shall submit the text of the foreign trade contract to Party A for review, and sign the foreign trade contract in the name of _ _ _ _ _ _ _ according to Article 1 of this contract after Party A agrees in writing.
Three. The term of agency is from the date of signing this contract to _ _ _ _ _ _.
Four. Rights and obligations of Party A
1. According to the relevant national laws and regulations, if the project needs to apply for a _ _ _ _ _ _ _ _ (import and export) license, Party A shall be responsible for providing the corresponding documents and materials required by Party B. ..
2. Party A shall notify Party B of the detailed import plan before the actual import (export). And provide the product name, quantity, weight, price, origin, trading country, etc. So that Party B can start preparations in time. Party A guarantees that the above information is complete and accurate, and that the single goods are consistent, the single goods are consistent and the documents are consistent. If the information provided by Party A is incorrect or delayed, resulting in extra expenses, Party A shall bear all responsibilities.
3. Party A shall actively cooperate with Party B to complete the customs clearance procedures, provide information required by the customs at any time, and provide necessary assistance.
4. Have the right to participate in business negotiations and confirm the contract price and terms.
5. Have the right to review the text of the foreign trade contract, put forward suggestions to modify the text of the foreign trade contract, and be responsible for the technical content of the contract.
6. For foreign-related claims, Party B shall submit the necessary claim documents and actively assist Party B to make foreign-related claims in time.
7. Pay the payment for goods, agency fees and other funds to Party B according to this contract and Party B's capital use plan, and make financial settlement. Risk warning:
It is suggested that both parties clarify the agency conditions. If the agency conditions are strict, it is suggested that the agency conditions can be refined. Relevant qualification information, if any, can be used as an annex to the contract; Avoid the situation that one party's information is false or the qualification authorization expires, which may easily lead to agency disputes.
When it comes to the change of agency conditions, it is best to have specific countermeasures.
Verb (abbreviation of verb) Rights and obligations of Party B.
1. Complete the agency work on time within the scope authorized by Party A, and sign and perform the foreign trade contract in the name of _ _ _ _ _ _ _.
2. According to Party A's requirements, issue formal inquiry or tender documents, and organize foreign exchanges, negotiations and contract signing except technical exchanges.
3. Responsible for handling the invitation letter of foreign businessmen to China related to the project and assisting in the visa procedures for foreign businessmen to China. Assist Party A to handle the formalities of overseas delegation of Party A in this project.
4. Be responsible for the negotiation of the commercial part of the foreign trade contract, provide Party A with relevant business information such as market conditions and customers, negotiate negotiation strategies with Party A, and sign the foreign trade contract with Party A's written consent.
5. Unless otherwise agreed in this contract, Party B shall be responsible for handling all procedures required by the project with the relevant national administrative departments in accordance with relevant national laws and regulations, including but not limited to application, registration, filing and licensing.
6. During the performance of the foreign trade contract, Party B shall inform Party A of the relevant situation in time and solve the problems with Party A in time.
7. During the performance of the foreign trade contract, if the foreign trader fails to perform the contractual obligations, resulting in the non-performance, incomplete performance or delayed performance of the foreign trade contract, Party B shall be responsible for handling the relevant disputes and foreign claims in a timely manner in accordance with the relevant provisions of the foreign trade contract, or taking other remedial measures acceptable to Party A.. ..
8. After receiving the relevant funds paid by Party A according to Party B's capital use plan, handle external payment or dunning in time according to the foreign trade contract, handle financial settlement with Party A as agreed, and handle domestic and international customs clearance, delivery, insurance, commodity inspection, warehousing, transportation and other matters.
Intransitive verbs payment, expenses and settlement
1. For the price under the foreign trade contract, Party B shall send a fund use plan to Party A _ _ before each payment, and Party A shall remit the matching RMB for each payment (the exchange rate shall be calculated at _ _ _ temporarily, and the actual exchange rate shall be refunded more and replenished less according to the bank quotation of XX) to Party B's account. Party B shall, within _ _ days after receiving the above payment, handle the tax voucher, purchase foreign exchange and timely pay foreign exchange according to the foreign trade contract, and issue the invoice, customs duty-paid voucher and original foreign invoice to Party A within _ _ days after the goods are cleared, so that Party A can handle the warehousing acceptance and financial write-off.
2. The price under the foreign trade contract shall be converted into RMB by Party B according to the RMB benchmark exchange rate published by the People's Bank of China on the date of collection (remittance), after deducting the corresponding agency fee and other expenses that shall be borne by Party A, and the price shall be transferred to Party A within _ _ _ _ _ days after receipt.
3. The agency fee is charged at _ _ _% of the import contract amount. If it is less than RMB _ _ _ _ _, it will be charged at RMB _ _ _ _ _.
4. Other expenses incurred in the process of customs clearance, such as storage fees, statutory commodity inspection fees, inspection fees, insurance fees, transportation fees, etc. The invoice issued by the customs, commodity inspection and shipping company shall prevail, and Party B shall settle the account with Party A according to the actual amount. Risk warning:
It is suggested that the liability for breach of contract should be specific. If one party violates the terms of this contract, it should try to avoid the general agreement to bear the liability for breach of contract. And the amount of liquidated damages can be stipulated according to the international situation. In addition, the amount of liquidated damages should not be too high or too low. If it is too high, it may face the risk that the claim for breach of contract will not be supported; if it is too low, it will be unfavorable to the observant party. Therefore, it is recommended to consult a professional lawyer for discussion.
Seven. Liability for breach of contract If either party fails to perform all or any of the terms of this contract, or violates this contract in other ways, it shall bear the losses caused to the other party due to its non-performance or breach of contract. All indirect or accidental damages or losses caused by such failure or breach of contract shall be excluded. Any other rights of the observant party to the defaulting party as stipulated in this Contract and People's Republic of China (PRC) Contract Law shall not be affected.
Eight. Force Majeure Clause If the contract cannot be performed or cannot be performed as scheduled due to force majeure, the party who fails to perform the contract shall be partially or completely exempted from responsibility according to the actual influence of force majeure.
Nine. Applicable Law The laws of People's Republic of China (PRC) are applicable. If there are other matters not covered, if friendly negotiation fails, the provisions of relevant laws and regulations shall be directly applied.
X settlement of disputes disputes arising from this contract and its performance shall be settled by both parties through active and friendly negotiation. If negotiation fails within _ _ _ days after one party notifies the other party in writing that there is a dispute, this contract shall be submitted to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. others
1. Other contracts reached by both parties in the course of cooperation become an integral part of this contract after being confirmed and signed by both parties, and their validity and effectiveness are the same as this contract. To the extent permitted by the laws of China, any party's failure or delay in exercising any of its rights under this contract shall not be regarded as a waiver of its rights. The exercise of individual or partial rights does not exclude the exercise of future rights.
2. This contract is made in duplicate, with each party holding one copy. This contract shall come into effect as of the date of signature and seal by both parties, and both contracts have the same effect. Party A (seal): legal representative (signature): date: _ _ _ _ _ _ _ _ _ _ Party B (seal): legal representative (signature): date: _ _ _ _ _ _ _.
Article 4 of the Export Contract Party A: _ _ Import and Export Co., Ltd.
Party B: (natural person)
I. Responsibilities and obligations of Party A:
1. Party A agrees that Party B will conduct business activities in the name of _ _ _ _ _ _ Import and Export Co., Ltd. ..
2. Party A has the obligation to sign foreign trade contracts according to Party B's requirements, and sign purchase and sale contracts with suppliers at home. After signing the contract, send a copy of the contract to Party B immediately.
3. Party A will provide a negotiation venue for Party B free of charge; Provide communication facilities, but the actual expenses incurred shall be deducted from Party B's operating income. Provide free consultation on export business and laws and regulations; Provide a full set of company documents on time; Go through customs and commodity inspection filing formalities at the place designated by Party B. ..
4. Party A guarantees to protect Party B's business secrets. And assist Party B to expand its business through its own channels.
5. Party A guarantees the safe use of Party B's funds, promises not to misappropriate or delay the payment of Party B's funds, and settles the RMB payment to Party B or the manufacturer designated by Party B within 2-3 working days after the safe receipt of foreign exchange. Party A guarantees Party B's profits and pays them to Party B at the time and manner agreed by both parties.
Two. Responsibilities and obligations of Party B:
1. Comply with national laws and policies on foreign trade, foreign exchange and customs.
2. Maintain Party A's reputation and interests, and abide by the working procedures agreed by Party A and other parties.
3. bear all the expenses of your own business.
4. Relevant transportation information provided by Party B to Party A must be true, valid and legal.
5. Separate settlement of foreign exchange. Party B is willing to pay Party A RMB 0.000 for each transfer amount, but the handling fee for each ticket is not less than RMB 100 and not more than RMB 1000. If bank charges are incurred during the transfer (not due to Party A), they shall be borne by Party B.. Three. Legal liability: Both parties must strictly perform this agreement. If the export contract is delayed, incomplete or unable to be performed due to foreign reasons, Party A cannot perform this agency agreement, and Party A will not bear any responsibility. However, with the written request of Party B and the assistance of expenses, the agent is obliged to negotiate with foreign investors about the claim. Four. Other matters: This agreement is made in duplicate, each party holds one copy, which has the same legal effect. This agreement shall come into effect as of the date of signature and seal by both parties and shall be valid for one year. Remarks: If Party A and Party B have different opinions and objections to the above terms of this agreement during the implementation, they can only make amendments and supplements after consultation and research.
Party A: Party B: _ _ Import and Export Co., Ltd. (signature) Legal representative: ID number:
Date of signature: year month day.
Date of signature: year month day.