SALES CONTRACT.doc

SALES CONTRACTContract No:Date: June 1, 2010Signed in: CHONGQINGSELLERS: ChongQing OOT Company Address: Shapingba, Xiyong Community，ChongQing, China Tel:faxUYERS: Electronic Information Services Ltd., India Address:39，South Car street,Sivakasi-626123 Tel: 04562-223105 fax: 04562-223799The undersigned Sellers and Buyers have confirmed this contract in accordance with the terms and conditions stipulated below.DESCRIPTION OF GOODS: Mobile phone, style no. : OOT-10001SIZE/COLOR ASSORTMENT: Unit: package SizeColorSMLRed 110011001100Yellow110011001100Green110011001100Size SpecificationSMLWeight107 gram143 gram165 gramVolume1084621mm1186822 mm1247023 mm PACKING: Individually packaged for each phone, 100 cell phone wrapped in one export standard carton, the same colors and sizes in the same carton. Size of phone box: Size of export cartons: Length Width Height Length Width Height 15cm 10cm 0.5cm 150cm 100cm 50cm SHIPPING MARK:Shipping mark includes E.L.S, S/C No., port of destination and carton no.Side mark must show the phone color, the size of carton and pieces per carton. SAMPLE: These items will have to be dispatched by DHL, repaid. Please advise details to us immediately.TYPE OF SAMPLEQUNANTITYCALCUTTA INDIATest samples2 sets respectively for approvalDirectly! After the contract dateApproval samples3 pcs size M and 2 pcs size S2 weeks after the contract datePre-production samples3 pcs size MWaiting for our instructionProduction samples2 pcs size LBefore delivery DELIVERY:Port of destinationQuantityEarliest delivery dateLatest delivery dateCalcutta9900 pcsJULY,15,2010JULY,31,2010PORT OF LOADING: ShenzhenPORT OF DESTINATION: CalcuttaPartial shipment and transshipment are not allowedUNIT PRICE: USD 62 per piece CIF CalcuttaQUANTITY: 9900 PCSAMOUNT: USD 613，800SAY: US DOLLARS SIX HUNDRED, THIRTEEN THOUSAND EIGHT HUNDRED ONLYShipping advice: The sellers shall immediately, upon the completion of the loading of the goods, advice the buyers of the Contract No., names of commodity, loading quantity, invoice values, gross weight, names of vessels and shipment date by TLX/FAX. TERMS OF PAYMENT:(1) The buyer should pay 20% of total contract value by T/T within 10 days after signing the contract.20% of total contract value is: USD 122，760SAY: US DOLLAR ONE HUNDRED, TWENTY TWO THOUSAND SEVEN HUNDRED SIXTY ONLY(2) The buyer should open through a bank acceptable to the seller an irrevocable L/C for 80% of total contract value to reach the seller after shipment.80% of total contract value is: USD 491，040SAY: US DOLLAR FOUR HUNDRED, NINETY ONE THOUSAND FORTY ONLY(3) The contents of L/C shall be in conformity with the terms of this contract.(4) The L/C shall not expire until 21days after the last day of the tome of shipment specified in the shipper.(5) Documents required Full set of clean on Board Ocean Bills of Lading.Signed commercial invoice in 3 copies.Packing list/weight memo in 3 copies.Certificate of quantity and quality in 3 copies issued by ChongQing Import and Export Inspection Constitute.Insurance policy in 3 copies.Certificate of Origin in 3 copies issued by ChongQing International Business Commission Institute. （6）The buyer shall bear all banking charges incurred in the country of remitting bank and L/C issuing bank; the seller should bear all thinking charges incurred outside such country. INSURANCE:Covers all risks and WPA only as per the Clauses of the Peoples Insurance Company of China for 110% of the invoice value. WARRANTY:(1) The warranty period shall remain in effect until the expiration of 12 months after the date of the arrival of the goods at the destination but in no circumstances exceeding 16 months after the date of the completion of unloading of goods at the port of unloading.(2) In the event that the goods are found to be in breach of the said warranty and so notified during the warranty period, the seller on its own account shall repair the defective goods or defective parts.INSPECTION AND CLAIMS:(1)The buyers shall have the qualities, specifications, quantities of the goods carefully inspected by the ChongQing-inspection Authority who shall issue Inspection Certificate before shipment.(2)The buyers have right to have the goods inspected by the local commodity inspection authority after the arrival of the goods at the port of destination. If the goods are found damaged/short/their specifications and quantities not in compliance with that specified in the contract, the buyers shall lodge claims against the sellers based on the Inspection Certificate issued by the Commodity Inspection Authority within 15 days after the goods arrival at the destination.(3)The claims, if any regarding to the quality of the goods， shall be lodged within 15days after arrival of the goods at the destination, if any regarding to the quantities of the goods, shall be lodged within 30 days after arrival of the goods at destination. The sellers shall not take any responsibility if any claims concerning the shipping goods is up to the responsibility of Insurance Company/Transportation Company/Post office.FORCE MAJEURE：The sellers shall not hold any responsibility for non delivery or delay in delivery of the entire lot or a portion of the goods hereunder by the reason of natural disasters, war or other causes of force majeure. However the sellers shall advise the buyers as soon as possible and furnish the buyer within 15 days by registered airmail with a certificate by the shipper.DISPUTES SETTLEMENT:All disputes arising out of the contract or in connection with the contract shall be settled through negotiation, in case no settlement can be reached through negotiation, the case shall be submitted to the China International Economic and Trade Arbitration Commission for arbitration in accordance with its Rules of Arbitration in China. The arbitral award is final and binding upon both parties.TERMINATION:1. Except as provided elsewhere, this Contract may be terminated in either of the following cases:(1) Through mutual written agreement by both parties (2) If the other party for reasons solely within its responsibility seriously fails to perform its obligations within the time limit agrees upon in this Contract. And fails to eliminate or remedy such breach within 10 days following the receipt written notice thereof from the non-breaching party. In such case the non-breaching party shall give a written notice to the other party to terminate this contract.2. Termination does not affect any right of the terminating party including but not limited to its right to claim compensation for damages resulting from termination.LAW APPLICATION:It will be governed by the law of the Peoples Republic of China under the circumstances that the contract is signed or the goods while the disputes arising are in the Peoples Republic of China or the defendan