加拿大外贸
哪位同学和 Senuku Prekybos Centras", UAB 合作过？或者哪位高人可以给我指点一下，下面的合同条款，我非常之不放心啊，听同事们说，我们的出口额到最后不见得够赔付客人的，哪位高人懂的，给分析分析啊！，跪求AGREEMENT
the 26th of June 2012
Kaunas
Company " “, a legal entity duly registered in accordance with the laws of CHINA, VAT No. , hereinafter referred to as the SELLER, represented by , acting pursuant to the XXXXXX？？, on the one hand, and UAB "Senuku prekybos centras", a legal entity duly registered in accordance with the laws of Lithuania, VAT No. LT343765219, hereinafter referred to as the BUYER, represented by the Commercial Director Marius Adomaitis, acting pursuant to the Proxy No. IG-11-287, issued on 29th of November, 2011, on the other hand,
WHEREAS:
- The BUYER operates a chain of wholesale and retail shops;
- The SELLER is a supplier and/or producer of goods;
1. The SELLER sells and the BUYER buys the goods under the terms stated in the Present Agreement. This Agreement shall apply to all the goods sold by the SELLER, unless the Parties agree otherwise. The goods sold under the present Agreement are intended for further distribution by the BUYER. The goods shall be sold to the BUYER after they are selected by the BUYER and after the range of goods, quantity and price agreed upon in a written form.
2. Prices are fixed in USD and are understood also including the cost of packing, labeling, loading and settlement of the binding documents.
3. The SELLER will immediately notify the BUYER about the changes in prices. The notice should be done in writing and at least 1 month before the new prices come into force. Otherwise, previous prices are valid for the additional 30 days from the date of the notice, in case the new prices are higher than the previous ones. The SELLER undertakes not to increase the prices of the goods included in the order confirmation (the Sale Confirmation) or Proforma Invoice.
4. The BUYER shall effect the payment to the SELLER’S account as follows: by L/C at sight.
注意这条啊5. If the SELLER fails to fulfil the terms of L/C and L/C is cancelled, the SELLER undertakes to cover all the expenses related to the issuing of L/C.
6. Payment conditions may be altered only if confirmed in writing by both Parties.
7. Present bank data for payment are as follows:
Bank name:
Address:
Account No. , Code SWIFT：
8. In case any bank data are changed the SELLER shall immediately inform the BUYER about them in a written form. The SELLER will compensate any additional expenses due to the failure to inform the BUYER about the changed bank data.
9. The SELLER shall pay bank fees in the SELLER’S country and all the fees of the bank-correspondent, and the BUYER shall pay bank fees in the BUYER’S country.
10. In case the BUYER has difficulties to sell some goods bought from the SELLER, the Parties will solve the problem by jointly finding an acceptable and beneficial solution for both Parties, including the possibilities of extending the payment terms for the unsold goods or granting special discounts for promotion, selling off or returning unsold goods, all related costs being covered by the SELLER.
11. Such data as the name of the goods, price, quantity, the SELLER, the BUYER, date of delivery, payment conditions, currency, volume and weight shall be indicated in Invoice and Proforma Invoice. The data presented in Invoice must tally with the data in Proforma Invoice and meet the requirements of the Contract, if there is no other written agreement between the Parties on this point. The SELLER shall cover the BUYER’S losses incurred due to the mistakes in the above-mentioned documents.
12. The SELLER hereby warrants to the BUYER, that goods, which will be sold under the Contract, are of good quality, without visible or hidden defects and are fit for the purpose of their intended use (i.e. for the purposes for which goods of the same description would ordinarily be used or other purposes, specified by the BUYER at the time of ordering) and conform to the samples or models (if presented by the SELLER).
13. Safety and quality of goods that will be marketed under the Present Contract must conform to the legal requirements of the European Union. Besides:
- Goods, safety and/or quality requirements which are regulated by the particular legal acts or standards of the European Union, must conform to the provisions under these legal acts and standards, whereas the conformance itself must be assessed taking into account the provisions of the said documents.
- In case of absence of the specific regulations under the legal acts or standards of the European Union, the safety and quality of goods must conform to the provisions under the international standards (ISO) or, in case such are non existent, national standards, codes of good manufacture practice, etc.
14. Safety and quality of goods must be approved by the obligatory documents proving the conformity of the product, such as Declaration of Conformity, EU Certificate of Conformity, Certificate of Conformity, type approval certificate, test report, technical documentation, etc.
15. The SELLER is obliged to follow Registration, Evaluation, Authorisation and Restriction of Chemical substances (REACH) requirements indicated in the Annex No. 2 to the Present Contract.
16. The SELLER grants the BUYER a discount of 1.00 % from the sum of each Invoice for covering the value of the defected goods.
17. In case the delivered goods are certified as hazardous/unsafe for being used, the BUYER has the right to return these goods to the SELLER, whereas the SELLER undertakes to compensate all related losses of the BUYER, including the imposed on him fines, costs for certification or disposal (utilization) of goods, etc.
18. The SELLER is obliged to follow Packing, marking and transport instructions indicated in the Annex No. 1.
19 Other instructions for packing:
19.1. Prior to delivery of goods, the SELLER shall agree with the BUYER in a written form on the following: the type of the package for each sort of goods and quantity of items per package meeting the needs of the BUYER. All goods are to be delivered duly packed in the mutually agreed packages, if not agreed otherwise between the Parties.
19.1.1 The SELLER ensures that the actually packed quantity of items in one package corresponds to the quantity declared on the label of the package.
19.1.2. If some shortage of goods is detected within the package compared to the declared quantity on the label of the package, the SELLER undertakes to cover the value of the shortage.
19.1.3. Under the request of the BUYER, the SELLER shall send to the BUYER free of charge the examples of marking, package in order to decide, whether they are suitable or not.
20. In case of violation of the provisions as referred to in Clause 19 of the Present Agreement or of any requirements determined in Packing, marking and transport instructions, the SELLER undertakes to pay to the BUYER a penalty equal to 3.00 % of the price of the relevant order but not less than USD 100.00 for every case of violation and compensates the expenses on the repair of the item and the price of the item.
21. The SELLER shall send to the BUYER by fax or e-mail an order confirmation (Proforma Invoice) within 5 days after having received the BUYER’S order in writing. The order confirmation sent by fax or e-mail must be signed by the SELLER’S authorized person and sealed with official seal of the SELLER.
22. The goods shall be delivered in the time stipulated in BUYER’S ORDER but not later than within .90. days after receiving the BUYER’S order by fax or e-mail, on FOB TIANJIN. terms (Incoterms 2010).
23. The SELLER grants the BUYER a discount of 2.00 % from the sum of each Invoice for covering costs, related to advertising and promotion of the SELLER’S goods arranged by the BUYER
24. The SELLER guarantees that any and all material or immaterial objects, including, but not limited to goods, packages of goods, pallets and other tare, information and other immaterial objects are supplied without prejudice to any patents, brand names, design and other rights of intellectual (including industrial) property of the third parties and that the mentioned objects can be disposed of, including, but not limited to selling, exposing, in the BUYER’S trade network without any restrictions.The SELLER undertakes to compensate any and all losses of the BUYER emerged due to the breaches of the patents, brand names, design or other rights of intellectual property of the third parties related to the objects, supplied by the SELLER.
24.1. If third parties reasonably demand from the BUYER to stop selling, warehousing exposing or any other actions with the supplied objects because of breaches of patents, brand names, design or other rights of intellectual property, then the SELLER must immediately refund the paid price and compensate any and all losses of the BUYER, including, but not limited to fines or compensations paid or to be paid by the BUYER, costs of destruction of the goods infringing intellectual property rights, court expenses.
评论
我和这个客户谈了好久了。从四月到现在，最后什么都差不多谈好了。就发合同过来，和你现在这个差不多，比你这个还要长很多。。。我上司说不签了。。结果今天飓收到他们的回信说暂时无法合作。。他们本来想要的是一个高柜和一个20尺柜。。。现在什么都是零了。。。他们要的一个样板都还没寄，他们已经付样本钱了。。估计不用寄了。。。。。
[ 本帖最后由 小船和小丸子 于 2012-11-1 09:27 编辑 ]
评论
我也是啊，超级悲催的。从四月一直谈到现在啊。。。来来回回多少次啊，都差不多了，结果给我发过来超级长的一个合同。直接把我给炸死了，这不是合同，这是一片地雷啊。一不小心就要别罚款，还可以随时拒绝收货，这是什么条款啊。。。我们老板也直接说“不合作”，合作起来也没有安全感。
评论
你们楼上开个群啊
都是发问题的，没有后面开发结果的，都是骗子:@
加拿大电商我的客户需要从非洲免关税国家进口一些商品，所谓的免关税是不是也不用交增值税。 如果要交增值税，增值税的税率是多少？ 菜鸟向各位前辈请教了。 评论 关税与增值税是俩个税种 加拿大电商Hallo, bitte schicken Sie uns mehr info uber die QT8-15- Machine MfG Alfredo 评论 晕死 是德语 你去德语区问问吧 评论 要你关于QT8-15- 这个型号机器的信息 评论 跟你要关于QT8-15- 这个型号机器的资料信息
·中文新闻 “大吃一惊”：为 Bianca Jones 和 Holly Bowles 的家人筹款一夜超过
·中文新闻 墨尔本大雾笼罩，导致路况危险，塔拉马林机场航班取消