加拿大外贸
2. Price of the Commodity and total value of the Contract2.1. The value of the Contract and the price of the Commodity are determined in United States Dollars, hereafter - USD on the delivery basis determined in relevant Appendix of the present contract, in accordance with «INCOTERMS-2010».
2.2 Approximate value of the Contract amounts to 35718.48USD and is made of sums of the Commodity value determined by the Sides in Appendixes, signed within the bounds of the present contract and considered as integral parts of hereof.
2.3. Prices determined in the Appendixes are fixed from the moment of Appendix signing by the Sides.
2.4. All the payments under the present contract are made in USD on terms and conditions, determined in the Appendix of the present contract.
2.5. The date of funds withdraw from the Buyer’s account is concluded as the payment date.
3. Ordering and its receipt terms
The Appendix to the present contract is made at latest within 10 days upon agreed prices, quantity, specification of the Commodity and cargo readiness period the Parties sign the Order Confirmation to the present contract, the Order Confirmation is considered an integral part of the present contract after signed by the Sides. In the Order Confirmation to the present contract the following information has to be indicated:
- Cargo Readiness period ,
- Quantity,
- Specification ,
- Price,
- Delivery terms.
- Payment terms.
4. Delivery terms
4.1. The Delivery of the Commodity is made on terms, defined in the Order Confirmation.
4.2. Shipping is made basis of delivery basis, determined in relevant Order Confirmation, in accordance with «INCOTERMS-2010».
4.3. Delivery of Goods under this contract must be made in terms agreed by the parties and specified in the Specifications for each shipment of Goods, but not later than 180 days after making the payment.
The goods are considered delivered once it arrives at the destination and transfer of shipping documents to the buyer.
4.4. All the changes made by the Seller in Commodity shipment terms should be agreed with the Buyer at latest three (3) days prior to the previously mentioned changes execution, fax, or e-mail.
4.5. The Seller has to, within five (5) days after delivery, send the Buyer by e-mail or by fax the following copy of documents:
- Copy of Commercial Invoice.
- Packing list with the weight of each item (coil, packing)
- Copy of Mill Test Certificate
4.6 For the purpose of the commodities import, the Seller has to send to the Buyer by express-mail the following original documents, after we receive full payment according to PROFORMA INVOICE Signed by both sides:
- Full set of Clean on Board Bills of Lading, (endorsed by the Shipper in case of "to order" BL)
- Signed Commercial Invoice in Triplicate
- Packing List (with the allocation of each item - coil, packing - in the shipping container) in Duplicate
- Mill Test Certificate in Duplicate Issued by the Manufacturer
- Certificate of Origin (original copy)
- Relative Order Confirmation to the Contract signed and stamped (original copy).
- Other documents to be requested by delivery term.
Within thirty (30) days after shipment date:
- Export declaration copy (true and correct)
5. Handing over procedure.
5.1. The Commodity shall be considered as delivered by the Seller and accepted by the Buyer according to the following
a) In a qualitative sense - according to the Mill Test Certificate Issued by the Manufacturer
b) In a quantitative sense - according to the specification and the weight of the Commodity, indicated in Order Confirmation hereof, as well as according to the commercial invoice and the final packing list.
5.2. Risks, Including risk of incidental loss or damage of the Commodities, assigment from the Seller to the Buyer, having Seller concluded his obligations on the Commodities shipment as per delivery term stated in the Contract Order Confirmation, according to INCOTERMS 2010.
5.3. Having accepted the Commodities the Buyer ought to check conformity of the Commodities to requirements of the Contract, Order Confirmation, shipping documents, accompanying forms, mill test certificates (or any other documents confirming Commodity quality) and other documents issued by the Seller.
Having found the Commodities discrepancy on quantity or quantity, the Buyer must stop the Commodities acceptance, take actions to protect the Commodities from any kind of damage and secure the Commodities to avoid any kind of blending with similar Commodities. Having fond the discrepancy the Buyer should inform Seller about it in written notice within 2 (two) working days. The Seller is obliged to send his reply to the Buyer (Consignee) notice within 3 (three) working days, in this reply the Seller must state if he will send a representative to resume acceptance of the Commodities in reasonable period, not exciding 20 days from the Buyer’s notification.
Having receipt no reply from the Seller or Seller’s reject to send a representative, the Buyer have the right to resume the Commodities acceptance in witness of Chamber of Commerce or independent Survey company, resulting in state of the acceptance results in survey record.
5.4. Despite of the Commodity acceptance results, the Buyer has the right to record production imperfections/hidden defects, which were not fond during normal for such kind of Commodities acceptance and fond during the processing, use, testing or storage. The record of hidden defects to be formed out within Commodities warranty period, once the warranty period is not specified, it must be prepared within period given for the claims on quality.
6. Liability of the Parties
6.1. All the claims on quantity within 3 (three) month and quality of the Commodity are sent by the Buyer to the Seller in the written form within 9(nine) month after the shipment date. The Seller should consider the claim and send the answer to the Buyer within 15(fifteen) calendar days from the claim’s receipt.
6.2. The previously mentioned claims shall be given in written form, and be sent by fax or telegraph to the Seller. The following documents should be attached to the claim:
- Bill of Lading or the Waybill.
- Claim act.
- Commodity Receipt Act
Date of the postmark of the Postal Authorities of the respondent country on receiving the letter or a telegram, should be considered as a date of the claim. If the last day of claiming period falls at nonworking day at the respondent country, nearest working day is considered the dead-line of the claim period.
6.3. The claims on quality and quantity, evidenced by sample of the claimed Commodity, photographs showing defects of the Commodity, should be accompanied by the detail claim report (“Claim Act”) filled out by the Buyer, together with Inspection report issued by a competent independent organization or chamber of commerce in Duplicate. The Inspection report issued by the chamber of commerce competent organization, considered as warrant for the compensation by the Seller all the losses, sustained by the Buyer.
If the Seller wants to examine the Commodity, which is claimed on quality, the Seller shall inform the Buyer about this wish within five (5) days from receiving the Claim Act, and send the authorized representative for examining the Commodity at latest within seven (7) days since the Seller informs the Buyer about a wish to examine the Commodity. As a result of examination, final decision on the claim is taken by the Seller and the Buyer together. The survey service and labor cost of competent independent organization to be paid by the Buyer followed by unconditional rebate of the Buyer's charges by the Seller.
6.4. Should the filing of the claim by the Buyer prove to be justified, the Seller shall, at its option and expenses, on prior agreement with the Buyer, reduce the price, or replace the defective Commodity with the Commodity in conformity with the specification under the certain Order Confirmation to the present contract. Should the claimed Commodity be replaced by the Seller, the replacement should be shipped at latest within fifty (50) calendar days, since the replacement agreement date on delivery term, defined by the Seller, bases «INCOTERMS-2010» on his own expense.
6.5. In case the Commodity price reduction decision is taken, the amounts, acknowledged by the Seller for payment as the settlement of the claim should be paid by the Seller within thirty (30) days since the Seller sends the Buyer the notes on acknowledgment of the above mentioned amount.
6.6. In the event that the Seller delays shipment of the Commodity in terms defined in Order Confirmation hereof for reasons solely attributable to the Seller, the Buyer has the right to claim liquidated damages on undelivered quantity equivalent to 12% p.a. of the Commodity contract price, defined in the certain Order Confirmation to the present contract, where delivery was delayed, for every day of delay. The liquidated damages under this Article shall be to the full satisfaction of the Seller's liability for delay and non-delivery of the Commodity.
If the aforesaid delay in shipment exceeds six (6) full weeks, the Buyer has the right to cancel / renegotiate the purchase of the Commodity under the certain Order Confirmation delayed.
6.7. If any sum payable under this Contract is not paid on the date, defined in the Order Confirmation to the present contract the Seller is entitled, without prejudice to the Seller's other rights and remedies to:
6.7.1, default interest on such sum from the due date to the actual payment date thereof at the rate of 12.0% per annum; and/or
6.7.2 the Seller may withhold relevant and/or subsequent shipment until the full payment is made.
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7. Arbitration and Governing Law
All disputes, controversies, or differences which may arise between the parties hereto, out of or in relation to or in connection with this Contract, or for the breach thereof, shall be settled as possible, by the negotiations of the Sides.
If the Sides do not come to a settlement within 30 (thirty) calendar days since one Side informs the other on the aforesaid controversies and differences, the case is recommitted to the Arbitration court.
1. All the Arbitration proceedings should be finally settled by the Paris Arbitration Court as per ICC rules in accordance with the terms of the present Contract. Conducting of the case is made in English
The arbitration decision shall be final and binding on the parties concerned. The Arbitration decision should contain the ground of decision, information of the committeemen, time and place of case hearing, rights of the Sides, as well as cost shearing for the Arbitration between the parties.
8.Force Majeure
The sides will not be held responsible for the delay in fulfillment of taken obligations due to force majeure such as war, terror; serious fire, flood, typhoon, earthquake or act of God; riot, strikes, sabotage, lockout or other labor disturbances; laws and regulations of Government of the Countries; or any other causes beyond the control of the Sides.
In case of any such event, the terms of this Contract relating to time and performance shall be suspended during the continuance of the event. The Side under such circumstances should advise the other Side by cable, fax or e-mail, with the following transmittal of the original by airmail, within fourteen (14) days from the date of the occurrence mentioned above.
The Sides shall send by airmail to the other side for their acceptance a certificate of the accident issued by the competent authorities or the chamber of commerce where the accident occurs as evidence thereof.
Any contract Side has the right to cancel their contract obligations without any penalties of compensation of damage or loss to the other Side, If the duration of such force majeure conditions and aftermath is more than three month.
9. Final provisions
9.1. Present contract becomes valid upon its signature by the Sides; validity period is till December 31, 2016
9.2. Ordering period till October 10, 2016.
9.3. All the amendments to the Contract considered valid, if made in written form and signed by both concerned parties
9.4. All the taxes and the fees imposed, as well as all the compulsory payments, appeared in accordance with the execution of the present Contract on the territory of the Sellers country, are paid by the Seller, and if appeared on the Buyers country are paid by the Buyer.
9.5. After the Contract is signed, all the preliminary talks and correspondence between the parties, related to the Contract becomes invalid.
9.6. The Contract, as well as all Order Confirmation es, Additional agreements, Purchasing Orders, Order Confirmations, and other documents, related to the object of the present contract, can be concluded by means of the facsimile or e-mail, the original hard copies of the document must be send out by post within 10 (ten) days from the date of electronic (facsimile) copy. Facsimile or e-mail copy considered valid for the Sides of the present contract within two (2) months after the date o the document.
9.7 Both sides of the contract guarantee their legal ability to perform the contract obligations and be responsible for the obligations mentioned in the contract. Both sides of the contract should send their registering document copies confirming the legal ability of the company according to the local rules and procedures to each other in a reasonable period. The documents mentioned must be confirmed or legalized according to the local rules and regulations or international rules.
9.8. The Present Contract is signed in Duplicate and drawn up in English and Russian languages in two copies, one for each side. In the event as conflict between the Russian version and the English version, the latter shall prevail and govern.
9.9. No claim or right of either party under the present Contract shall be deemed to be waived or renounced in whole or in part unless the waiver or renunciation of such claim or right is acknowledged and confirmed in writing by such party.
9.10. Both sides of the contract apply the rules and regulations of “United Nations Commission on International Trade Law”, UN document A/CONF.97/18 (Vienna 11/04/1980) for all the matters not included in the text of the contract.
9.11. The Seller has no right to transfer his obligations to the third party without written acceptance of the Buyer, excluding the cases which are stated in the Contract.
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凑个热闹，帮楼主顶一个先
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好长。。
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合同这东西要找专业一点的 细致活
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要跟客户确认下签这个合同的目的，据我的经验俄罗斯客人都要签一个合同用来银行付款，大得吓人，我的俄罗斯客人和我签了个五百万美金的年度合同，可是订单才跟我做了3万美金。
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正常的，俄罗斯都是合同签的大大的。然后下单的并没有那么多。
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没有俄语版的么
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这个合同有点长
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应该发单证区
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有的，是双语的，我只发了英文的
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里面那个金额是正常的吗？我还以为是要写我们的发票金额，把它改了。。。。。大神做过俄罗斯的单子是吗？能否加下Q39291610
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好长~~
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艾姆勒海外仓储（深圳）有限责任公司是第一个为中国跨境电子商务提供俄罗斯海外仓储服务的公司之
一，在2015 年占领跨境电子商务俄罗斯海外仓储电子商务市场份额的30%以
上，4 个主仓库5 万平方分别位于莫斯科、圣彼得堡、叶卡捷琳堡、西伯利亚，IML 海外仓储吞吐量每日发出26000 件以上的货物。服务3000 卖家用户
包括电子商务市场的销售冠军。现俄罗斯本土化销售，降低物流运营成本，还能进行实时的库存管理与监测。
缩短到货时间，提高客户体验度。货物从买家所在俄罗斯仓库发出，大大缩短了从中国发货物流所需要的时间。
我们在俄罗斯有真实仓库的，仓库免仓租、免操作费，您不用再担心货物滞留在仓库而带来的高额的仓储费用和频繁的操作费了。我们只赚取微薄的头程和终端派送的费用，只愿我们能长久合作，共创未来。
而且在平台纠纷这一块我们的服务非常好。凡是由IML公司派出的货物，如果是物流原因造成的货物丢失、损坏，我司承担全部责任，直接按照您平台的销售价格购买该产品；另外如果您的产品被客户给了产品，我们还有专业的俄罗斯客服为您和客户协商修改差评，成功率在90%以上。为您贴身解决平台纠纷。
良好、真诚、全面的服务是我司的宗旨，请给我们多一份信任，我还您真诚实在的服务，为您在跨境电商的战场保驾护航。
详情请加Q：870678433或者直接拨打电话：13532834164/李生 咨询，财富热线一直畅通，欢迎各界人士来电咨询。
评论
艾姆勒海外仓储（深圳）有限责任公司是第一个为中国跨境电子商务提供俄罗斯海外仓储服务的公司之
一，在2015 年占领跨境电子商务俄罗斯海外仓储电子商务市场份额的30%以
上，4 个主仓库5 万平方分别位于莫斯科、圣彼得堡、叶卡捷琳堡、西伯利亚，IML 海外仓储吞吐量每日发出26000 件以上的货物。服务3000 卖家用户
包括电子商务市场的销售冠军。现俄罗斯本土化销售，降低物流运营成本，还能进行实时的库存管理与监测。
缩短到货时间，提高客户体验度。货物从买家所在俄罗斯仓库发出，大大缩短了从中国发货物流所需要的时间。
我们在俄罗斯有真实仓库的，仓库免仓租、免操作费，您不用再担心货物滞留在仓库而带来的高额的仓储费用和频繁的操作费了。我们只赚取微薄的头程和终端派送的费用，只愿我们能长久合作，共创未来。
而且在平台纠纷这一块我们的服务非常好。凡是由IML公司派出的货物，如果是物流原因造成的货物丢失、损坏，我司承担全部责任，直接按照您平台的销售价格购买该产品；另外如果您的产品被客户给了产品，我们还有专业的俄罗斯客服为您和客户协商修改差评，成功率在90%以上。为您贴身解决平台纠纷。
良好、真诚、全面的服务是我司的宗旨，请给我们多一份信任，我还您真诚实在的服务，为您在跨境电商的战场保驾护航。
详情请加Q：870678433或者直接拨打电话：13532834164/李生 咨询，财富热线一直畅通，欢迎各界人士来电咨询。
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