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1、编号:外贸合同买方:卖方:签订日期:年 M 日The Buyer 买方The Seller 卖方This Contract is made and between the Buyer and the Seller, whereby the Buyeragrees to buy and the seller agrees to sell the under-mentioned commodityaccording to the terms and conditions stipulated below:COMMODITY SPECIFICATIONS QUANTITY AND UNIT PRIC
2、E 品名、规格、数量、 单价2. TOTAL VALUE 总价3. COUNTRY OF ORIGIN AND MANUFACTURE 氏咿地及制造厂家4. PACKING包装To be packed in new strong wooden cases or in cartons suitable for long distance ocean/air freight/parcel post transportation and well protectedagainst dampness , moisture , shock , rust and numerous handling. Th
3、e Seller shall be liable for any rust , damage and loss attributable to inadequate or improper protective measures taken by the Seller in regard to the packing.5.SHIPPING MARK嗟头Onthe surface of each package, the package number, measurement , gross weight , net weight and the wordings " HANDLWIT
4、HCARE,“RIGHTSIDE UP',“KEEPDRY,the hoisting position and the following shipping mark shall be stenciled with fadeless paint.6. TIME OF SHIPMENT 装运期7. PORT OF SHIPMENT 装运期8. PORT OF DESTINATION目的港9.INSURANCE保险10. PAYMENT支付1In case by L/C: The Buyer, upon receipt from the Seller of the shipping adv
5、ice specified in Clause 11 hereof , shall open an irrevocableLetter of Credit daysprior to the date of delivery , in favour of the Seller , for an amount equivalent to the total value of the shipment. The Credit shall be payable against thepresentation of the drafts drawn on the opening bank and the
6、 shipping documents specified in Clause 10 hereof. The Letter of Credit shall be valid until the15th day after the shipment is effected.(2) In case by Collection: After shipment, the Seller may draw on the Buyer atsight and send the draft(s) together with the shipping documents specified inClause 10
7、 hereof , to the Buyer through the Seller ' s Bankers and the Bank of China , Beijing for collection.In case by M/T or T/T: Payment shall be effected not later than two weeks after receipt of the shipping documents specified under Clause 10 of this Contract.11. DOCUMENT SWE)(1) The Seller shall
8、present the following documents to the paying bank for negotiation:(a) In case of sea-freight:Full set of clean on board ocean bills of lading marked" Freight to Collect "/" Freight Prepaid ", made out to order , blank endorsed , notifying China National Foreign Trade Transportat
9、ion Corporation at the port of destination.In case of air-freight:One copy of airway bill marked a Freight to Collect " /" Freight Prepaid " and consigned to the China National Foreign Trade Transportation Corporation at the airport of destination notifying the Buyer.In case of air pa
10、rcel post:One copy of air parcel post receipt addressed to the Buyer.(b) Five copies of Invoice, indicating contract number and shipping mark (incase of more than one shipping mark, the invoice shall be issued separately) , made out in details as per the relative contract.(c) Five copies of Packing
11、List with indication of shipping weight , number and date of corresponding invoice.(d) Two copies of Certificate of Quality and Quantity issued by the manufacturer as specified in Item (1) of Clause 15.(e) A copy of cable or telex to the Buyer, advising shipment immediately whenit is made.The Seller
12、 shall send together with the shipment one copy each of the above-mentioned documents, with the exception of Item (e) of this Clause, to the China National Foreign Trade Transportation Corporation at the port of destination.12. TERMS OF SHIPMENT 装运条款)In case of FOB Terms:(1) The Seller shall , 40 da
13、ys before the date of shipment stipulated in theContract , advise the Buyer by cable or telex of the Contract No, Commodity ,quantity , value , number of package , gross weight , measurement and date of readiness at the port of shipment for the Buyer to book shipping space. Should any package reach
14、or exceed 20 tons in weight , 10 meters in length , 3.4 meters in width and 3 meters in height , the Seller shall provide the Buyer with 5 copies of packing drawing indicating the detailed measurement and weight 50 days before dispatch of the goods so as to enable the Buyer to arrange transportation
15、.(2) Booking of shipping space shall be attended to by the Buyer' s Shipping Agents, China National Chartering Corporation , Beijing , China.(3) The Buyer shall , 10 days before the estimated date of arrival of the vesselat the port of shipment , notify the Seller of the name of vessel, estimate
16、ddate of loading and Contract No. for the Seller to arrange shipment. The Seller is requested to get in close contact with the shipping agents. When it becomes necessary to change the carrying vessel or in the event of her arrival havingto be advanced or delayed , the Buyer or the Shipping Agents sh
17、all advise the Seller in time.Should the vessel fail to arrive at the port of loading within 30 days afterthe arrival date advised by the Buyer , the Buyer shall bear the storage and insurance expenses incurred from the 31 st day.(4) The Seller shall be liable for any dead freight or demurrage, shou
18、ld it happen that they have failed to have the commodity ready for loading after the carrying vessel has arrived at the port of shipment on time.(5) The Seller shall bear all expenses, risks of the commodity before it passes over the vessel ' s rail and is released from the tackle. After it has
19、passedover the vessel ' s rail and been released from the tackle , all expenses of the commodity shall be for the Buyer ' s account.In case of C&F Terms;(1) The Seller shall ship the goods within the shipment time from the port ofshipment to the port of destination. Transhipment is not a
20、llowed. The contracted goods shall not be carried by a vessel flying the flag of the country which the Buyer can not accept.In case the goods are to be dispatched by air parcel post/airfreight , the Seller shall , 30 days before the time of delivery as stipulated in Clause 5 , inform,Contract No.the
21、 Buyer by cable or telex of the estimated date of delivery commodity, invoiced value , etc. The Seller shall , immediately after dispatch of the goods, advise the Buyer by cable or telex of the Contract No, commodity , invoiced value and date of dispatch for the Buyer to arrange insurance in time.13
22、.SHIPPING ADVICE (装船通知)The Seller , immediately upon the completion of the loading of the commodity,shall notify by cable or telex the Buyer of the Contract No name of commodity, quantity , gross weight , invoiced value ,name of the carrying vessel and dateof sailing. If the weight of any package is
23、 above 9 metric tons , the width over 3400 mm or the height on both sides over 2350mm, the Seller shall advise theBuyer of the weight and measurement of each package. In case the Buyer failsto arrange insurance in time due to the Seller' s not having advised in time ,all the losses shall be born
24、e by the Seller.14.TECHNICAL DOCUMENT鼓术资料)(1)One complete set of the following technical documents written in English shall be packed and dispatched together with each consignment.(a) Foundation drawings.(b) Wiring instructions, diagrams of electrical connections and/orpneumatic/hydraulic connection
25、s.(c) Manufacturing drawing of easily worn parts and instructions.(d) Spare parts catalogues.(e) Quality Certificate as stipulated in Item (1) of Clause 15.(f) Erection , operation , maintenance instruction books.The Seller shall in addition send to the Buyer by airmail the respective technical docu
26、ments as stipulated in paragraphs (a) , (b) , (c) , (d) , and (f) Item (1) of this Clause within months after signing this Contract.16.GUARANTEE OF QUALITY 质量担保)The Seller shall guarantee that the commodity is made of the best materials,with firstclass workmanship , brand new unused and complies in
27、all respectswith the quality , specifications and performance as stipulated in this Contract. The Seller shall guarantee that the goods, when correctly mounted and properly operated and maintained , shall give satisfactory performance for a period of months counting from the date on which the commod
28、ity arrives at the site of the end user.17.INSPECTION (检验)(1)The manufacturers shall , before making delivery , make a precise and comprehensive inspection of the goods as regards the quality , specifications , performance and quantity/weight and issue certificates certifying that thegoods are in co
29、nformity with the stipulations of this Contract. The certificate shall form an integral part of the documents to be presented to the paying bank for negotiation of payment but shall not be considered as final in respect of quality , specifications ,performance and quantity/weight. Particulars andres
30、ults of the test carried out by the manufacturer must be shown in a statement which has to be attached to the Quality Certificate.(2) After arrival of the goods at the port of destination, the Buyer shall applyto the China Commodity Inspection Bureau (here-in-after called the Bureau) for a prelimina
31、ry inspection in respect of the quality, specification andquantity/weight of the goods and a Survey Report shall be issued therefore. If discrepancies are found by the Bureau regarding specifications or the quantity or both , except where the responsibilities lie with insurance company orshipping co
32、mpany, the Buyer shall , within 90 days after arrival of the goods at the port of destination , has the right to reject the goods or to claim against the Seller.(3) Should the goods prove defective within the guarantee period stipulated inClause 14 for any reason , including latent defect or the use
33、 of unsuitable materials , the Buyer shall arrange for a survey to be carried out by the Bureau, and have the right to claim against the Seller on the Survey Report.18.CLAIMS (索赔)(1)In case that the Seller is liable for the discrepancies and a claim is lodged by the Buyer within the time-limit of in
34、spection and quality guarantee periodas stipulated in Clauses 14 and 15 of this Contract, the Seller shall settlethe claim upon the agreement of the Buyer in one or the combination of the following ways:(a) Agree to the rejection of the goods and refund to the Buyer the value of the goods so rejecte
35、d in the same currency as contracted herein, and to bear alldirect 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.(b) Devalue the goods according to the degree of inferiority , extent of damage and amount of losses suffered by the Buyer.(c) Replace new parts which conform to the specifications, quality andper
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