合同号 Contract No:
签字日期 Signing Date:
This Contract, made out by and between the Buyer and the Seller, whereby the Buyer agree to buy and the Seller agree to sell the under-mentioned commodity according to the terms and conditions stipulated below.(According to the practical price of invoice)
2. COUNTRY OF ORIGIN AND MANUFACTURER:
3.TRANSPORTATION: Marine refrigerated container transportation.
To be packed by new strong wooden cases suitable for long distance ocean transportation and well protected against dampness, moisture, shock, rust and rough handling. The Seller shall be liable for any damage of the commodity and expenses incurred on account of improper packing and for any rust damage attributable to inadequate or improper protective measures taken by the sellers in regard to the packing.
5. SHIPPING MARK:
The Seller shall mark on each package with faceless paint the package number, gross weight, net weight, measurement and the wordings: "RIGHT SIDE UP", "HANDLE WITH CARE", "KEEP AWAY FROM MOISTUE", and the shipping mark.
6. TIME OF TRANSPORTATION: BEFORE JUL.30,2014.
7.PLACE OF TRANSPORTATION:
8.PLACE OF DESTINATION:DALIAN,CHINA.
To be covered by the Seller for 110% (one hundred and ten percent) of total contract value against ALL Risks.
By T/T. The payment shall be effected after receipt the contract goods and the document stipulated in Clause 10.
11. DOCUMENT FOR PAYMENT:
The seller shall present following documents to Buyer to effect the payment.
1) Two copies of Commercial Invoice,
2) Two copies of Packing List,
3) Three copies of Certificates of Quality issued by manufacturer
4) One copy of certificate of origin
5) One copy of Health Certificate
6) A filling certificate from factory
7) Fumigation Certificate or Non-wood Packing Material Certificate
8) The relevant insurance policy which be covered 110% of the total contract value against ALL Risks.
9) Five copies of labels (front and back)
In case of by sea transportation, the seller shall send simultaneously with shipment one copy each of the above mentioned documents toXXX CO.LTD.
12. DATE OF SHIPPING:
The date of Bill of Lading shall be regarded as the actual date of shipment.
13. GUARANTEE OF QUALITY:
The Seller guarantee that complies in all respects with the quality and specifications stipulated in this Contract.
The seller guarantees that choose the right means of transportation will be the goods arrived at the port of destination.
(1) Such as the quality of the goods in conformity with the contract and specification, the buyer of the commodity inspection bureau should be invited for inspection, and shall have the right to claim against the seller according to a report issued by the commodity inspection bureau inspection.
In case that the Seller are liable for the discrepancies and a claim is made by Buyer within the time-limit of inspection and quality guarantee period as stipulated in Clause 14 of this Contract, the Seller shall settle the claim upon the agreement of the Buyers in one or the combination of the following ways:
(1) Agree to the rejection of the goods and refund to the Buyers the value of the goods so rejected in the same currency as contracted herein , and to bear all direct losses and expenses in connection therewith including interest accrued, banking charges, freight, insurance premium, inspection charges, storage, stevedore charges and all other necessary expenses required for the custody and protection of the rejected goods.
(2) Devalue the goods according to the degree of inferiority, extent of damage and amount of losses suffered by the Buyers.
The claims mentioned above shall be regarded as being accepted if the Sellers fail to reply within 30 days after receiving the Buyers' claim.
16. 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 earthquake , or other events agreed upon between both parties , which might occur during the process of manufacturing or in the course of loading or transit . The Seller shall advise the Buyer by cable/telex immediately of the occurrence mentioned above and within fourteen days thereafter, 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 , are still under the obligation to take all necessary measures to hasten the delivery of the goods .
All disputes in connection with this Contract or the execution there of shall be stetted 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 Rules of Arbitration promulgated by the said Arbitration Commission. The Arbitration shall take place in Dalian 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 .
18. EFFECTIVENESS OF THE CONTRACT:
This Contract shall come into force immediately after signature by representative of both parties and upon approval by the relevant authority of both parties.
19. SPECIAL PROVISIONS:
This contract is made out in English and Chinese, both version being equally authentic. The original Contracts are in two copies; each part keeps one of two original copies after signature.