合同范本之一般货物进口合同英文版货物情况说明英文版

1、合同范本之一般货物进口合同 英文版货物情况说明英文版般货物进口合同英文版货物情况说明英文版con tract no:date:the buyer:the seller:the con tract, made out, i n chin ese and en glish, bothees to buy the un derme nti oned goods subject to terms andvers ion being equally authe ntic, by and betwee n the seller and the buyer whereby the seller agrees

2、 to sell and the buyer ag con diti ons set forth here in after as follows:1 name of commodity and specification2 country of orig inmanu facturer3 unit price (packing charges included)4 qua ntity5 total value6 packi ng (seaworthy)7 in sura nee (to be covered by the buyer uni ess otherwise)8 time of s

3、hipme nt9 port of load ing10 port of desti nati onmark shown as below in addition to the port of destination, package nu mber, gross and net weights, measureme nts and other marks as the buyer may require ste ncilled or markedcon spicuously with fast and un faili ng pigme nts on each package. in the

4、 case of dan gerous an d/or pois onous cargo(es), the seller is obliged to take care to en sure that the n ature and the gen erally adopted symbol shall be marked con spicuously on each package.12 terms of payme nt:one month prior to the time of shipme nt the buyer shall ope n with theba nk ofan irr

5、evocable letter of credit infavour of the seller payable at the issu ing bank aga inst presentation of documents as stipulated under clause 18. a. of secti on ii, the terms of delivery of this con tract after departure of the carry ing vessel. the said letter of credit shall rema in in force till th

6、e 15th day after shipme nt.13 other terms:uni ess otherwise agreed and accepted by the buyer, all other matters related to this con tract shall be gover ned by section ii, the terms of delivery which shall form an integral part of this con tract. any suppleme ntary terms and con diti ons that may be

7、 attached to this con tract shall automatically prevail over the terms and con diti ons of this con tract if such suppleme ntary terms and con diti ons come in con flict with terms and con diti ons here in and shall be binding upon both parties.for the seller for the buyersecti on 214 fob/fas terms1

8、4.1 the shipping space for the contracted goods shall bebooked by the buyer or the buyers shipp ing age nt.14.2 un der fob terms, the seller shall un dertake to load the con tracted goods on board the vessel nomin ated by the buyer on any date no tified by the buyer, with in the time of shipme nt as

9、 stipulated in clause 8 of this con tract.14.3 un der fas terms, the seller shall un dertake to deliver the con tracted goods un der the tackle of the vessel nomin ated by the buyer on any date no tified by the buyer, with in the time of shipme nt as stipulated in clause 8 of this con tract.14.4 10-

10、15 days prior to the date of shipme nt, the buyer shall inform the seller by cable or telex of the con tract nu mber, n ame of vessel, eta of vessel, qua ntity to be loaded and then ame of shipp ing age nt, so as to en able the seller to con tact the shipp ing age nt direct and arrange the shipme nt

11、 of the goods. the seller shall advise by cable or telex in time the buyer of the result thereof. should, for certa in reas on s, it become n ecessary for the buyer to replace the n amed vessel with ano ther one, or should the n amed vessel arrive at the port of shipme nt earlier or later than the d

12、ate of arrival as previously notified to the seller, the buyer or its shipp ing age nt shall advise the seller to this effect in due time. the seller shall also keep in close con tact with the age nt or the buyer.14.5 should the seller fail to load the goods on board or to deliver the goods un der t

13、he tackle of the vessel booked by the buyer. with in the time as no tified by the buyer, after its arrival at the port of shipme nt the seller shall be fully liable to the buyer and resp on sible for all losses and expe nses such as dead freight, demurrage. con seque ntial losses in curred upon an d

14、/or suffered by the buyer.14.6 should the vessel be withdraw n or replaced or delayed eve ntually or the cargo be shut out etc., and the seller be notin formed in good time to stop delivery of the cargo, the calculati on of the loss in storage expe nses and in sura nee premium thus susta ined at the

15、 load ing port shall be based on the load ing date no tified by the age nt to the seller (or based on the date of the arrival of the cargo at the loading port in case the cargo should arrive there later than the notified loading date). the abovementioned loss to be calculated from the 16th day after

16、 expiry of the free storage time at the port should be borne by the buyer with the excepti on of force majeure. however, the seller shall still un dertake to load the cargo immediately upon the carrying vessels arrival at the loading port at its own risk and expe nses. the payme nt of the afore-said

17、 expe nses shall be effected aga inst prese ntati on of the orig inal vouchers after the buyers verificati on.15 cf terms15.1 the seller shall ship the goods with in the time as stipulated in clause 8 of this con tract by a direct vessel saili ng from the port of load ing to china port. tran shipme

18、nt on route is not allowed without the buyers prior consent. the goods shall not be carried by vessels flying flags of coun tries not acceptable to the port authorities of china.15.2 the carry ing vessel chartered by the seller shall be seaworthy and cargoworthy. the seller shall be obliged to act p

19、rude ntly and con scie ntiously whe n select ing the vessel and the carrier when chartering such vessel. the buyer is justified in not accepti ng vessels chartered by the seller that are not members of the piclub.15.3 the carry ing vessel chartered by the seller shall sail and arrive at the port of

20、desti nati on with in the no rmal and reas on able period of time. any un reas on able aviati on or delay is not allowed.15.4 the age of the carry ing vessel chartered by the seller shall not exceed 15 years .in case her age exceeds 15 years, the extra average in sura nee premium thus in curred shal

21、l be borne by the seller. vessel over 20 years of age shall in no eve nt be acceptable to the buyer.15.5 for cargo lots over 1,000 m/t each, or any other lots less than 1,000 metric tons but identified by the buyer, the seller shall, at least 10 days prior to the date of shipme nt, inform the buyer

22、by telex or cable of the following information: the con tract nu mber, the n ame of commodity, qua ntity, then ame of the carry ing vessel, the age, n ati on ality, and particulars of the carry ing vessel, the expected date of load ing, the expected time of arrival at the port of desti natio n, the

23、n ame, telex and cable address of the carrier.15.6 for cargo lots over 1,000 m/t each, or any other lots less than 1,000 metric tons but identified by the buyer, the master of the carry ing vessel shall no tify the buyer respectively 7 (seve n) days and 24 (twe nty-four) hours prior to the arrival o

24、f the vessel at the port of desti nati on, by telex or cable about its eta (expected time of arrival), con tract nu mber, the n ame of commodity, and qua ntity.15.7 if goods are to be shipped per liner vessel un der linerbill of lad ing, the carry ing vessel must be classified as the highestor equiv

25、ale nt class as per the in stituteclassificatio n clause and shall be so maintained throughout the durati on of the releva nt bill of lad ing.n evertheless, the maximum age of the vessel shall not exceed 20 years at the date of load ing. the seller shall bear the average in sura nce premium for line

26、r vessel older tha n 20 years. un der no circum -sta nces shall the buyer accept vessel over 25 years of age.15.8 for break bulk cargoes, if goods are shipped in containers by the seller without prior consent of the buyer, a compe nsati on of a certa in amount to be agreed upon by both parties shall

27、 be payable to the buyer by the seller.15.9 the seller shall main ta in close con tact with the carry ing vessel and shall no tify the buyer by fastest mea ns ofcom muni cati on about any and all accide nts that may occur while the carry ing vessel is on route. the seller shall assume full resp on s

28、ibility and shall compe nsate the buyer forall losses incurred for its failure to give timely advice or notification to the buyer.16 cif terms:un der cif terms, besides clause 15 cf terms of this con tract which shall be applied the seller shall be resp on sible for coveri ng the cargo with releva n

29、t in sura nce with irrespective perce ntage.17 advice of shipme nt:within 48 hours immediately after completion of loading of goods on board the vessel the seller shall advise the buyer by cable or telex of the con tract nu mber, the n ame of goods, weight (n et/gross) or qua ntity loaded, i nvoice

30、value, n ame of vessel, port of load ing, saili ng date and expected time of arrival (eta) at the port of destination. should the buyer be unable to arrange in sura nce in time owi ng to the sellers failure to give the above men ti oned advice of shipme nt by cable or telex, the seller shall be held

31、 resp on sible for any and all damages an d/or losses attributable to such failure.18 shipp ing docume nts18.a the seller shall present the following documents to the pay ing bank for n egotiati on of payme nt:the port of desti natio n.and shipp ing mark, sig ned and issued by the ben eficiary of le

32、tter of credit.110% of the in voice value aga inst all and war risks if the in sura nce is covered by the buyer.18.b any orig inal docume nt(s) made by rephotographic system, automated or computerized system or carb on copies shall not be acceptable uni ess they are clearly marked as orig in al. and

33、 certified with sig natures in hand writ ing by authorised officers of the issu ing compa ny or corporati on.18.c through bill of lad ing, stale bill of lad ing, short form bill of lad ing, shall not be acceptable.18.d third party appo in ted by the ben eficiary as shipper shall not be acceptable un

34、i ess such third party bill of lad ing is made out to the order of shipper and en dorsed to the ben eficiary and bla nk en dorsed by the ben eficiary.18.e docume nts issued earlier tha n the ope ning date of letter of credit shall not be acceptable.18.f in the case of cf/cif shipme nts, charter part

35、y bill of lading shall not be acceptable uni ess ben eficiary provides one copy each of the charter party, masters of mates receipt, shipp ing order and cargo or stowage pla n an d/or other documents called for in the letter of credit by the buyer.18.g the seller shall dispatch, in care of the carry

36、ing vessel, two copies each of the duplicates of bill of lad ing. in voice and pack ing list to the buyers receiv ing age nt,atthe port of desti natio n.18.h immediately after the departure of the carrying vessel, the seller shall airmail one set of the duplicate documents to the buyer and three set

37、s of the same totran sportati on corporation at the port of destination.18.i the seller shall assume full resp on sibility and be liable to the buyer and shall compe nsate the buyer for all losses aris ing from going astray of an d/or the delay in the dispatch of the above men ti oned docume nts.18.

38、j banking charges outside the peoples republic of china shall be for the sellers acco unt.19 if the goods un der this con tract are to be dispatched by air, all the terms and con diti ons of this con tract in conn ecti on with ocea n tran sportati on shall be gover ned by releva nt air terms.20 in s

39、tructi on leaflets on dan gerous cargo: for dan gerous an d/or pois onous cargo, the seller must provide in structi onleaflets stat ing the hazardous or pois onous properties, tran sportatio n, storage and han dli ng remarks, as well as precauti onary and first-air measures and measures aga inst fir

40、e. the seller shall airmail, together with other shipp ing docume nts, three copies each of the same to the buyer andtran sportati on corporati on at theport of dest in ati on.21 in specti onclaims:in case the quality, qua ntity or weight of the goods be found not in con formity with those as stipul

41、ated in this con tract upon re-i nspecti on by the china commodity import and export inspection bureau within 60 days after completion of the discharge of the goods at the port of destination or, if goods are shipped in contain ers, 60 days after the ope ning of such contain ers, the buyer shall hav

42、e the right to request the seller to take back the goods or lodge claims aga inst the seller for compe nsati on for losses upon the stre ngth of the in specti on certificate issued by the said bureau, with the exception of those claims for which the insurers or owners of the carrying vessel are liab

43、le, all expe nses in clud ing but not limited to in specti on fees, i nterest, losses aris ing from the retur n of the goods or claims shall be borne by the seller. i n such a case, the buyer may, if so requested, send a sample of the goods in question to the seller, provided that sampling and sendi

44、ng of such sample is feasible.22 damages:with the excepti on of late delivery or non-delivery due to force majeure causes, if the seller fails to make delivery of the goods in accorda nee with the terms and con diti on s, jo in tly or severally, of this con tract, the seller shall be liable to the b

45、uyer and indemnify the buyer for all losses, damages, i nclud ing but not limited to, purchase price an d/or purchase price differe ntials, deadfreight, demurrage, and all con seque ntial direct or in direct losses. the buyer shall n evertheless have the right to can cel in part or in whole of the c

46、on tract without prejudice to the buyers right to claim compe nsati ons.23 force majeure:n either the seller or the buyer shall be held resp on sible for late delivery or non-delivery owing to gen erally recog ni zed force majeure causes. however in such a case, the seller shall immediately advise by cable or telex the buyer of the accide nt and airmail to the buyer within 15 days after the accident, a ce