加拿大外贸
CONTRACTNo.
Beijing, Date:
THE BUYER:
Add:
Post Code:
Tel:
Fax:
THE SELLER:
Add:
Tel:
Fax:
This contract is made by and between the BUYER and the SELLER; whereby the BUYER agrees to buy and the SELLER agrees to sell the under mentioned commodity according to the terms and conditions stipulated below:
1. DETAILS OF COMMODITIES:
ITEM COMMODITIES, SPECIFICATIONS UNIT QTY. UNIT PRICE TOTAL AMOUNT
1 (details as per attachment ) LOT 1
TOTAL CIF TIANJIN SEAPORT, CHINA $
SAY: TOTAL IN US DOLLARS ****ONLY.
2. COUNTRY OF ORIGIN AND MANUFACTURERS: USA / ***INC.
3. PACKING: To be packed in new strong wooden case(s) or in carton(s), suitable for long distance ocean/air freight transportation and to change of climate, well protected against rough handling, moisture, rain, corrosion, shocks and frozen.
The SELLER shall be liable for any damage and loss of the commodity and expenses incurred on account of improper packing and for any rust attributable to inadequate or improper protective measures taken by the SELLER in regard to the packing.
One set of Brochure shall be enclosed in the case(s).
4. SHIPPING MARK: The SELLER shall mark on the four adjacent sides of each package with fadeless painting the package number, gross weight, net weight, measurement, Contract No., port of destination and the wordings: "KEEP AWAY FROM MOISTURE", "HANDLE WITH CARE", "THIS SIDE UP", and the shipping mark:
___contract no.__
Tianjin， China
5. TIME OF SHIPMENT:
1ST Shipment by ocean : On or before 2005
2ND Shipment by ocean : On or before 2006
3rd, 4th, 5th.
6. PORT OF SHIPMENT: Main US Seaport
7. PORT OF DESTINATION: Tianjin Seaport, China
8. INSURANCE:
Under CIF and CIP terms, insurance shall be effected by the SELLER with the BUYER as the beneficiary for 110% of invoice value of the goods shipped against all risks.
9. PAYMENT: The total contract value specified in Clause 1 of this contract shall be paid by the BUYER to the SELLER according to the following:
.
(A) Under Letter of Credit: The BUYER, upon receipt from the SELLER of the delivery advice specified in Clause 12 (1) hereof, shall, 30-45 days prior to the date of delivery, open an irrevocable letter of credit with a qualified bank in favor of the SELLER, for 99% of the total value of the contract i.e. US$2,408,166.00(IN WORDS US DOLLARS TWO MILLION FOUR HUNDRED AND EIGHT THOUSAND ONE HUNDRED AND SIXTY SIX ONLY). The credit shall be available against SELLER's draft(s) drawn at sight on the opening bank for 99% invoice value accompanied by the shipping documents specified in Clause 10 hereof. Payment shall be effected by the opening bank (by telegraphic transfer) against presentation to them of the aforesaid draft(s) and documents. The Letter of Credit shall be valid until the 21st day after the shipment is effected. The rest 1% of the contract value, i.e. US$24,081.66 (IN WORDS US DOLLARS TWENTY FOUR THOUSAND AND EIGHTY ONE AND SIXTY SIX CENTS ONLY) shall be paid within 60 days after inspection at the receiving port.
(B) All banking charges outside the opening bank are for beneficiary’s account.
All payment to be made by the BUYER or the SELLER under the contract shall be in US Dollars.
10. DOCUMENTS:
(1) Bill of Lading
Three original clean on board ocean bills of lading marked "Freight Prepaid (CIF and CFR)", Contract No. and
shipping mark made out to order and blank endorsed, notifying the Buyer with typing its complete address and telephone
number.
(2) Commercial Invoice covering 100% of the total contract value signed in one (1) original, three (3) copies indicating Contract No. and shipping mark (In case of more than one shipping mark, the invoice shall be issued separately), made out in details as per the relative contract.
(3) Packing List in two (2) originals and two (2) copies issued by the manufacturer with indication of shipping weight, number of package and date of corresponding invoice.
(4) One (1) original and two (2) copies of Certificate(s) of Quality and Quantity issued by the manufacturer.
(5) One (1) copy of fax to the BUYER advising particulars of shipment immediately after shipment is made as per the stipulations of Clause 12 (2). In addition, the SELLER shall, within 3 days after shipment, send by registered airmail/courier copy of one set of the documents, with the exception of Item (5), directly to the BUYER.
(6) In case of CIF Terms:
Insurance Certificate in one (1) original and two (2) copies covering 110% of total contract value against All RISKS and WAR RISKS.
(7) One (1) copy of export license issued by the Government, if necessary.
(8) Certificate of Origin in one (1) original and two (2) copies issued by Manufacturer.
(9) The SELLER must submit the originals of following documents to the BUYER by COURIER before the arrival of shipment:
a. If the coniferous woods are used for packaging including pallets, stow woods, chuck, support and so on, a qualified phytosanitary certificate or a certificate of heat treatment issued by the government authority of the export country or region;
b. If the packing materials are made of non-coniferous woods, a statement of non-coniferous issued by the exporter;
c. If the packages are not wooden materials, a statement of non-wooden materials packing issued by the exporter.
d. In case the statement or phytosanitary certificate (certificate of heat treatment) is not in accordance with facts, which is found by sampling inspection made by the state inspection and quarantine organization, or the required documents are not provided with the shipment, the SELLER shall bear all expenses and consequences incurred thereof.
(10) The number and contents of the documents shall be complete and correct. If the BUYER fails to pass the Customs and take over the goods in time due to the SELLER not having provided the documents specified as above, all losses shall be borne by the SELLER. The BUYER's name with its complete address and telephone number must be printed on Airway Bill, otherwise the SELLER shall be responsible for the losses arising therefrom.
11. SHIPMENT:
The Seller shall ship the goods within the time of shipment from the port of shipment to the port of destination. Transshipment and partial-shipment are not allowed. Whereas transshipment and partial-shipment have happened, all the expenses and costs occurred thereof shall be borne by the Seller. On-deck shipment is not allowed. The contracted goods shall not be carried by a vessel flying the flag of the country which the Buyer cannot accept. The age of vessel should not exceed 15 years.
12. SHIPPING ADVICE:
(1) For the following purposes, the SELLER shall, 20 days before the date of shipment specified in Clause 5 of the Contract, advise the BUYER by fax of the Contract No., commodity, quantity, value, number of package, gross weight, measurement and date of readiness at the port of shipment. If any package of the weight is above 9 metric tons and dimensions reach or exceed 12 meters in length, 2.7 meters in width, 3 meters in height, the SELLER shall advise the BUYER of the weight and measurement of each package 30 days before dispatch of the goods. The details of inflammable and dangerous goods, if any, shall also be indicated:
a. Under Letter of Credit specified in Clause 9 (A), to request the opening of L/C.
b. For the BUYER to make sure its inland transportation upon receiving the above mentioned advice. If the weight and dimensions of any package reach or exceed those described in Item (1) of this Clause, the BUYER may request the SELLER to take measures to suit for the BUYER's inland transportation.
c. If the SELLER fails to fulfill the above-mentioned stipulations, all the losses shall be borne by the SELLER.
(2) The SELLER shall, immediately upon the completion of the loading of the goods, advise by fax the BUYER of the Contract No., commodity, quantity, number of package, invoiced value, gross weight, name of lines, voyage number and bill of lading number, and estimated date of arrival etc.. The details of inflammable and dangerous goods, if any, shall also be indicated. In case the BUYER fails to arrange insurance and Customs clearance timely due to the SELLER not having informed in time, all losses shall be borne by the SELLER.
13. TECHNICAL DOCUMENTATION:
(1) Two (2) complete sets of the following technical documentation written in English shall be packed and dispatched together with each consignment:
a) Operation, maintenance and parts manuals; Erection instruction book; Foundation drawings
b) Manufacturing drawings of wearing parts with instructions; Assembling drawings
c) Wiring instructions, diagrams of electrical connections and/or pneumatic hydraulic connections
d) Circuit diagrams, block diagrams and printed circuit board diagrams
e) User’s manual for software
f) Quality Certificate as stipulated in Item (1) of Clause 15
(2) The Seller shall in addition send to the Buyer by courier one set of the technical documentation as stipulated in Item (1) of this clause within---one (1)---- months after this contract is signed.
[ 本帖最后由 来自北方的郎 于 2007-2-5 15:57 编辑 ]
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14. GUARANTEE OF QUALITY:
The SELLER guarantees that the commodity hereof is made of the best materials with first class workmanship, brand new and unused, and complies in all respects with the quality, performance and specifications stipulated in this contract and conforms to the technical manuals of the commodities contracted. The guarantee period shall be 12 months counting from the date on which the acceptance test certificate has been signed by the representatives of both parties or 18 months from date of shipment whichever comes first.
15. INSPECTION:
(1) The manufacturer shall, before making delivery, make a precise and comprehensive inspection of the goods as regards the quality, specifications, performance and quantity/weight and issue certificates as required in Clause 10 (4) certifying that the goods are in conformity with the stipulations of this Contract. The certificates shall form an integral part of the documentation to be presented to the paying bank for negotiation but shall not be considered as final in respect of quality, specifications, performance and quantity/weight.
(2) After arrival of the goods at the destination, the BUYER shall apply to the State Administration for Entry/Exit Inspection and Quarantine of the country for a preliminary inspection in respect of the quality, specifications and quantity/weight of the goods and a Certificate of Inspection and Quarantine (CIQ) shall be issued therefore. If discrepancies are found by the Administration regarding specifications or the quantity or both, except when the responsibilities lie with insurance company or shipping company, the BUYER shall, within 30 days after arrival of the goods at the destination, have the right to reject the goods or to claim against the SELLER.
(2) Should the quality and specifications of the goods be not in conformity with contract, or should the goods prove defective within the guarantee period stipulated in Clause 14 for any reason, including latent defect or the use of unsuitable materials, the BUYER shall arrange for a survey to be carried out by the Administration, and have the right to claim against the SELLER on the strength of the CIQ.
16. CLAIMS:
Within 90 days after the arrival of the goods at destination, should the quality, specifications, or quantity be found not in conformity with the stipulations of the contract, the BUYER shall, on the strength of the Inspection Certificate issued by the State General Administration for Quality Supervision and Inspection and Quarantine, have the right to claim for replacement with new goods, or for compensation, and all the expenses (such as inspection charges, freight, insurance premium, storage and loading and unloading charges, Customs service charges and etc. for returning the goods to the SELLER and for sending the replacements to the Enduser’s plant site) shall be borne by the SELLER. As regards to quality, the SELLER shall guarantee that if, within the guarantee period specificed in Clause 14 damages occur in the course of operation by reason of failure to conform with the standards set forth in Clause 14, the BUYER shall notify the SELLER immediately in writing and put forward a claim supported by the Inspection Certificate issued by local Inspection Branch of the State General Administration for Quality Supervision and Inspection and Quarantine.
The Certificate so issued shall be accepted as the base of a claim. The SELLER, in accordance with the BUYER's claim shall be responsible for the immediate elimination of the defect(s), complete or partial replacement of the commodity. Where necessary, with the SELLER’S written consent, the BUYER shall be at liberty to eliminate the defect(s) himself at the SELLER's expenses. If the SELLER fails to answer the BUYER within one month after receipt of the aforesaid claim, the claim shall be regarded as having been accepted by the SELLER.
In case the equipment cannot be put into operation on time due to the quality problem of the commodities under the present Contract and sole responsibility of the SELLER, the late delivery penalty rate specified in Clause 17 shall apply for the period delayed by the aforesaid problems.
17. FORCE MAJEURE:
The SELLER shall not be held responsible for the delay in shipment or non delivery of the goods due to Force Majeure such as war, serious fire, flood, typhoon and earthquakes or other events beyond the reasonable control of the SELLER, which might occur during the process of manufacturing or in the course of loading or transit. The SELLER shall advise the BUYER immediately the occurrence mentioned above and within fourteen (14) days thereafter, the SELLER shall send by airmail to the BUYER for their acceptance a certificate of the accident issued by the Competent Government Authorities where the accident occurs as evidence thereof.
Under such circumstances, the SELLER, however, is still under the obligation to take all necessary measures to expedite the delivery of the goods. In case the accident lasts for more than 10 weeks, the BUYER shall have the right to cancel the contract.
18. LATE DELIVERY AND PENALTY:
Should the SELLER fail to make delivery on time as stipulated in the contract, with exception of Force Majeure causes specified in Clause 17 of this contract, the BUYER shall agree to postpone the delivery on condition that the SELLER agrees to pay a penalty which shall be deducted by the paying bank from the payment. The penalty, however, shall not exceed 5% of the total value of the goods. The rate of penalty is charged at 0.5% for every seven days, odd days less than seven days should be counted as seven days. In case the SELLER fails to make delivery ten weeks later than the time of shipment stipulated in the contract, the BUYER shall have the right to cancel the contract and the SELLER, in spite of the cancellation, shall still pay the aforesaid penalty to the BUYER without delay.
19. ARBITRATION:
All disputes in connection with this contract or the execution thereof shall be settled friendly through negotiations. In case no settlement can be reached, the case may then be submitted for arbitration to China International Economic and Trade Arbitration Commission in accordance with the arbitral rules promulgated by the said Arbitration Commission. The arbitration shall take place in Beijing and the decision of the Arbitration Commission shall be final and binding upon both parties; neither party shall seek recourse to a law court nor other authorities to appeal for revision of the decision.
Arbitration fee shall be borne by the losing party.
20. EFFECTIVENESS OF CONTRACT:
This contract shall come into force from the date of signature of this contract by both parties.
21. TAXES AND DUTIES:
a. All taxes in connection with the execution of this contract levied by the Chinese Government on the BUYER in accordance with the tax laws in effect shall be borne by the BUYER.
b. All taxes arising outside of China in connection with the execution of this Contract shall be borne by the SELLER.
c. All taxes in connection with the execution of this contract levied by the Chinese Government on the SELLER in accordance with the tax laws in effect shall be borne by the SELLER.
22. APPLICABLE LAW:
The Contract shall be interpreted in accordance with the current laws of the People’s Republic of China.
23. SPECIAL PROVISIONS:
Unless otherwise stipulated in this contract, the terms and conditions of this contract shall be interpreted in accordance with INCOTERMS 2000 provided by International Chamber of Commerce.
And once the transaction term is specified in Clause 1, the same term mentioned in other clauses shall apply and other terms shall automatically become null and void without cross mark.
In witness thereof, this contract is signed by both parties in two original copies; each party holds one copy.
The attachment(s) of this contract shall be an integral part of the contract and have the same force as the contract.
THE BUYER: THE SELLER:
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好东西啊。我收藏乐。
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谢谢分享！.....
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多谢LZ分享,
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好东西，收藏了！
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我就纳闷了，这么好的东东差点沉底了
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标题不够响亮！！
改为：绝密档案-------吐血推荐-------我司所用的标准cif合同文本！！！
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;P ;P ;P ;P ;P ;P ;P ;P ;P ;P
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感谢LZ的分享.我收藏了先
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8楼的创意无限美好,同时把帖子顶起来,不让沉
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Thank you !
It's helpful!
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帮你顶起来。。。。。。。。。。。。。。。。
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亲爱的，
楼主的东西很有用，我收藏了
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lol,偶也是这样想的，所以打印出来了，以备以后自用 呵呵，你也马上可以用得到
加拿大电商昨天我把提单复件发给了客户，今天收到了他回信，如下： Dear Nicholas, please send all shipping documents. We will check B/L copy and we will reply ASAP. Thank you Best Regards ......................................... 加拿大电商刚从事这行半年，对电子行业不了解，自己整理了些，算是学习，供大家分享，也请大家补充。我毕竟是个文科生，对这方面知识严重欠缺。 DVD:英文全名是Digital Video Disk, 即数字视频光
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