Contract
No.:
Date:
Place:
The Buyer
Name:
Address:
Telephone No.:
Fax No.:
The Seller
Name:
Address:
Telephone No.:
Fax No.:
The contract is made by and between the Buyer and the Seller (hereinafter collectively called "Both Parties"); 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. Commodity and Specification
Quantity
Unit Price
Total Amount
2. Country of Origin and Manufacturer:
3. Packing:
To be packed in strong wooden case(s), shipped in container(s), suitable for long distance ocean/parcel post/air freight transportation and to change of climate, well protected against moisture, shocks, rust and rough handling. The Seller shall be liable for any damage of the commodity and expenses incurred on account of improper packing and any rust attributable to inadequate or improper protective measure taken by the Seller in regard to the packing. Should the packing material be found insect infestation by Quarantine Inspection Office at the port of destination, the Seller shall bear the cost of fumigation or replacement of the packing. One full set of service and operation instructions shall be enclosed in the case.
4. Shipping Mark:
The Seller shall mark on each package with fadeless paint the package number, gross weight, net weight, measurement and the wording: "Keep away from moisture" "Handle with care" "This side up", etc. and the shipping mark:
5. Time of Shipment:
6. Port of Shipment:
7. Port of Destination:
8. Insurance: To be covered by the Seller/the Buyer for 110% of the contract value against All Risks and War Risk and to the destination.
9. Payment:
Under Letter of Credit
The Buyer, upon receipt from the Seller of the delivery advice specified in Clause 11(1)a or 11(2)a hereof and letter of guarantee issued by the bank, which is agreed by the Buyer as the Attachment 3, shall 30 days prior to the date of delivery, open an irrevocable Letter of Credit with Buyer's bank, in favor of the Seller for the total value of shipment. The credit shall be available against Seller's draft(s) drawn at sight on the opening bank for 100% invoice value accompanied by the shipping documents specified in Clause 10 hereof. Payment shall be effected by the opening bank,(by telegraphic transfer/airmail transfer) against presentation to them of the aforesaid draft(s) and documents. The Letter of Credit shall be valid until the 15th day after shipment is effected. All banking charges of the Letter of Credit outside opening bank shall be borne by the Seller.
On Collection
After shipment, the Seller may draw on the Buyer at sight and send the draft(s) together with the shipping documents specified in Clause 10 hereof, to the Buyer through the Seller's bank and the Buyer's bank for collection.
By Direct Remittance
Payment shall be effected by the Buyer, by telegraphic transfer/airmail transfer, within --days after receipt from the Seller of the shipping documents specified in Clause 10 hereof.
10. Documents:
(1)In case of sea freight:2/3 set of clean on board ocean bills of lading marked "Freight to Collect/Prepaid " indicating shipping mark made out to order blank endorsed and notifying shipyard.
In case of airfreight: Clean airway bill in one original and one copy marked "Freight to Collect/Prepaid "notify the consignee indicating flight date and flight number and consigned to the shipyard.
In case of parcel post: Air parcel post receipt in one original addressed to the shipyard.
(2)Invoice in 5 originals indicating contract number 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 3 originals issued by the Manufacturer.
(4)Certificate of Quality and Quantity in 2 originals issued by Manufacturer.
(5)The original fax to the shipyard advising particulars of shipment immediately after shipment is made.
(6) In case of CIF Terms
Insurance Policy or Certificate in one original and one copy covering 110% of invoice value against All Risks and War Risk.
(7)If the commodity is packed in wooden case, the Seller shall certify that the wooden package of the commodity must be treated by the cooperation approved by the plant quarantine instruction of exported country or area according to the method or treatment confirmed by Chinese Authority and executed the special identification code "IPPC". Or else, should provide Non-Wood Packing Material Declaration, or else, should provide Non-Coniferous Wood Packing Material Declaration.
a. The Seller shall request the captain of the carrying vessel to bring one set of non-negotiable documents to --at the port of destination. Should the Seller fail to to so, the Seller shall bear all the expenses and penalty incurred from delay of the Customs declaration because the aforesaid documents are not available at the time after the arrival of the commodity at the port of destination.
b. The Seller shall, within 5 days after shipment, send by registered airmail one set of original bill of lading, one set of invoice and packing list directly to shipyard at the port of destination. Should the Seller fail to do so, the Seller shall bear all the expenses and penalty incurred from the delay of the Customs declaration because the aforesaid documents are not available at the time that the commodity arrivals at the port of destination.
