国外购销合同

sales contract no 08int 008 signed at baotou china date seller baotou beifang chuangye specialized vehicle co ltd address no 1 block rare earth high tech industry development zone qingshan district baotou city inner mongolia china tel 0086 472 fax 0086 472 e mail buyer address tel fax the undersigned seller and buyer have agreed to close the following transactions according to the terms and conditions set forth as below 2 marks to be effected by the buyer 3 packing naked 4 100 100 30 terms of payment the buyer must remit the 100 of goods value to seller via t t or confirmed irrevocable 100 l c at sight of the total fob amount one million nine hundred and fifty nine thousand four hundred us dollars only to reach the seller within one week after the date of the contract and to remain valid for negotiation in baotou china until 30 days after the time of shipment the contents of the covering l c should be in strict conformity with the terms and conditions of the sales contract in case of any variation thereof necessitating amendment of the l c the buyer should bear the expenses for effecting the amendment the seller should not be held responsible for possible delay of shipment resulting from awaiting the amendment of the l c 5 2008 3 29 1 7 0137 exchange rate under the contract the currency used for price calculation is rmb the currency for settlement is usd the fixed foreign exchange rate is the rate of contract sign date bank of china average rate on mar 29th 2008 1 usd 7 0137 rmb if the exchange rate occurred fluctuation on the pay day both parties should modify the contract price according to the exchange rate balance unless there is another agreement 6 time of delivery within 25 days after the seller receipt of irrevocable and confirmed l c at sight which was supplied by the buyer delivery to tianjin port china partial shipment is allowed 7 port of loading tianjin port china 9 30 10 force majeure the seller shall not be held responsible for failure or delay in delivery of the entire lot or a portion of the goods under this sales contract in consequence of any force majeure incidents which might occur and the seller shall notify the buyer as soon as possible force majeure as referred to in this contract means unforeseeable unavoidable and insurmountable objective conditions 11 12 special conditions this contract is executed in two counterparts each in chinese and english each of which shall be deemed equally authentic this contract is in two copies effective since being signed sealed by both parties the seller the buyer c o n t r a c t contract no fax fob cfr fca cip cpt cif incoterms 2000 2 country of origin e g usa hungary ireland 3 packing 4 shipping mark the sellers shall mark on each package with fadeless paint the package number gross weight net weight measurement and the wordings keep away from moisture handle with care this side up etc and the shipping mark xxxxxxx xxxxxxxxxxx 5 time of shipment 6 port of shipment 7 port of destination 8 delivery trem l e g by air by sea by truck local delivery in hk 9 partal shipment l allowed not allowed 10 insurance for fob cfr fca cpt ddu fas exw terms to be covered by the buyers from shipment for cif cip ddp des deq terms to be covered by the sellers from shipment 110 of the invoice value covering all risks and war risks from warehouse to warehouse fob cfr fca cpt ddu fas exw cif cip ddp des deq 110 11 payment e g a lc b c o d c after t t 11 100 100 100 30 b t t in advance c after t t within xx days within xx days from the date delivery the buyer will pay by t t to the contract value usdxxxx to seller xx t t usdxxxx 12 shipping documents in case of air transportation 1 one original and one copy of airway bill marked freight to collect freight to prepaid contract number and shipping marks and consigned to the buyer notifying the buyers A th 3 packing list in 3 three originals issued by the sellers made out in detail as per the contract and invoice 4 certificate of quality and quantity in 2 originals issued by the seller 5 certificate of origin in 2 originals by the seller in case of local delivery in hong kong 2 packing list in 3 three originals issued by the sellers made out in detail as per the contract and invoice 3 certificate of quality and quantity in 2 originals issued by the seller 4 certificate of origin in 2 originals by the seller in the case of packaging and or delivery being made in the u s a european union or japan two originals of quarantine certificate issued by the relevant official quarantine service in the certifying the wooden cases used for packaging and or the packing materials used in the containers have been fumigated or heat treated in case materials other than wood are used for packaging a certificate in two originals issued by the sellers certifying that non wooden materials are used for packaging shall be required one original of such certificate shall be sent together with the goods in case of fob fca the sellers shall deliver the goods within the time of shipment into the charge of the carrier or his agent named by the buyers at the port of shipment specified in the contract fob fca 13 guarantee of quality 14 claims sales contract original contract no signed at date seller jiangsu zhongtian technology co ltd address no 6 zhongtian road nantong economic and technical development zone jiangsu province p r china tel 86 513 671fax 86 513 buyer address tel fax e mail the undersigned seller and buyer through friendly negotiation have signed this contract on a basis of equal and mutual benefit and agreed to the terms and conditions stipulated below the duration is to 1 general status of the goods to reference of specific orders and confirmation shipping port delivery port 2 method of payment 1 100 100 t t in advance xx the buyer should pay by t t the invoice value of the goods to the seller s bank account designated by the seller or to the account indicated on the invoice within xx days within xx days after the date of the receipt of the pi 2 30 70 xx 30 70 the buyer should pay by t t the 30 invoice value of the goods to the seller s bank account designated by the seller or to the account indicated on the invoice within xx days after the date of the receipt of the pi the remaining 70 invoice value of the goods should be paid before shipment 3 30 70 letter of credit xx 30 70 xx the buyer should pay by t t the 30 invoice value of the goods to the seller s bank account designated by the seller or to the account indicated on the invoice within xx days after the date of the receipt of the pi the remaining 70 invoice should be issued in telex before xx date 4 letter of credit 4 1 2005 xxx xx l c 100 of the contract price i e usd shall be paid by l c before 2005 07 01 and the l c should be according with 4 3 in case the buyer fails to issue a letter of credit pre payment before the above stipulated time the seller shall have the right to rescind this contract the contract is rescinded upon the arrival of the notice of the seller at buyer or to require the buyer to continually perform the contract 4 4 the contents of the l c should be in conformity with the terms of the contract otherwise the seller is entitled to refuse to accept and require the buyer to amend the letter of credit 5 d p at sight or d p 30 days 5 1 xx after shipment the seller should deliver to the buyer through xx bank at sight bill of exchange drawn on the buyer together with the required documents to collect the fund the buyer should effect the payment immediately upon the presentation by the collecting bank of the bill of exchange and the required documents in the event the buyer fails to do so the buyer is liable for breach of the contract 5 2 30 d a 30 if the bill of exchange is d a 30 days the beginning date is the shipment date 6 d a at sight or d a 30 days after shipment the seller should deliver to the buyer through xx bank at sight bill of exchange drawn on the buyer together with the required documents to collect the fund the buyer should accept the bill of exchange immediately upon the first presentation by the collecting bank of the bill of exchange and the required documents and shall effect the payment on the maturity date of the bill of exchange in the event the buyer fails to do so the buyer is liable for breach of the contract 6 2 30 d a if the bill of exchange is d a 30 days the beginning date is the shipment date 6 3 xx the buyer should pay by t t the invoice value of the goods to the seller s bank account designated by the seller or to the account indicated on the invoice within xx days after the date of the receipt of the required documents the delivery date of the bill of lading 2 2 depe