The Format Of General Cargo Import Contracts (Fu Yingwen)

Contract number:

Contract date:

Buyer:

Seller:

This contract is concluded by the buyers and sellers. It is written in Chinese and English. The two styles are equally authentic. In accordance with the following terms, the Seller agrees to sell the buyer to agree to purchase the following commodities:

The first part of "chapter name"

1. commodity names and specifications

2. producing countries and manufacturers

3. unit price (including the cost of packing).

4. quantity

5. gross value

6. packing (suitable for ocean pportation)

7. insurance (unless otherwise agreed, the buyer is responsible for the insurance).

8. shipping time

9. port of shipment

10. port of destination

11. for shipping marks, the seller is responsible for clearly printing or indicating the following shipping marks on each piece of goods with strong non fading pigment, and the mark of destination port, item number, gross and net weight, size and other buyer's requirements.

In the case of dangerous and / or poisonous goods, the seller is responsible for ensuring that the goods are clearly marked on the goods and the customary accepted markings.

12. terms of payment: the buyer will open an irrevocable letter of credit at the seller's head one month before the time of shipment, and the seller will negotiate with the issuing bank on the basis of the documents stipulated in Clause eighteenth of clause A of the contract after shipment.

The validity of the above L / C will expire on the 15 day after shipment.

13. other conditions: unless otherwise agreed and accepted by the buyer, all other matters in this contract shall be governed by the second part of the terms of delivery. The terms of delivery are inseparable parts of this contract. Any additional terms in this contract will automatically give priority to additional terms. If additional terms are in conflict with the terms of this contract, additional clauses shall prevail.

The second part of "chapter name"

"Chapter name" 14.FOB / FAS condition

14.1. the shipping space of the goods under this contract shall be fixed by the shipping agent of the buyer or the buyer.

14.2. under FOB condition, the Seller shall be responsible for loading the goods ordered on the date specified by the eighth clause of this contract in accordance with the date the buyer has notified.

14.3. under FAS condition, the Seller shall be responsible for placing the goods ordered under the eighth days specified in the contract, and on any date specified by the buyer to the suspender of the ship nominated by the buyer.

14.4. 10-15 days before the date of shipment, the buyer shall notify the seller of the contract number, the date of arrival of the ship, the quantity of the shipment and the name of the shipping agent by telex or telex.

So that the seller can contact the shipping agent and arrange the shipment of the goods.

The Seller shall report the result of the contact to the buyer in time by telegraph or telex.

The buyer or his shipping agent shall notify the seller in time if the buyer needs to change the vessel or vessel for the reason to advance or postpone the date of arrival to the port of shipment ahead of time.

The Seller shall also maintain close contact with the buyer's pport agent or buyer.

14.5. if the buyer has ordered the ship to arrive at the port of shipment, the Seller shall not ship the goods to the ship or deliver the goods to the suspender during the time of shipment notified by the buyer, and the Seller shall bear all the expenses and losses of the buyer, such as the dead freight and demurrage, and all the losses caused by the buyer and / or the buyer.

14.6. if the ship has been replaced or postponed or withdrawn from the port without notice to the seller in time, the loss of the rental and insurance premium shall be calculated on the date of the date of shipment (such as the arrival date of the date of shipment on the date of the agent's notice) and the date of arrival of the goods on the date of shipment. The sixteenth day after the port's free stockpile expires, the buyer shall bear the burden, except the case of force irresistible.

The above fees are paid by the buyer after verification of the original documents.

However, the seller should still ship the goods immediately after loading the cargo ship to the port of loading, and then pay the cost and risk.

"Chapter name" 15. C & F conditions

15.1. the Seller shall ship the goods to the direct vessel from the port of loading to the port of China within the time stipulated in the eighth clause of this contract.

No pshipment is allowed without the prior permission of the buyer.

The goods shall not be loaded by the ship of the national flag that is not acceptable to the authorities of the Chinese port.

15.2. the seller's charter shall only be seaworthy and suitable.

The Seller shall carefully and conscientiously select the carrier and vessel when chartering the ship.

The buyer does not accept vessels of members of the non compensable Association.

15.3. the carrying vessel chartered by the Seller shall reach the port of destination within normal and reasonable time.

No detour or delay can be avoided.

15.4. the age of the carrying vessel chartered by the Seller shall not exceed 15 years.

The extra premium for vessel age exceeding 15 years of age shall be borne by the seller.

The buyer will not accept vessels aged over twenty years.

15.5. a shipment of more than one thousand tons of cargo or other cargo less than one thousand tons, but specified by the buyer, the Seller shall notify the buyer by telex or telegram at least 10 days before shipment date of the contract number, commodity name, quantity, name of vessel, age of vessel, ship's principal specification, estimated loading date, estimated arrival time, name of ship company, telex and telegraph registration.

15.6. for a shipment of more than one thousand tons or other cargo less than one thousand tons, but the cargo specified by the buyer, the captain shall notify the buyer by the telex or telegram of the estimated time of arrival, the contract number, the name and quantity of the goods 7 days and 24 hours before the arrival of the vessel at the port of destination.

15.7. if a cargo is shipped by a liner, the carrying vessel must be the same class of classification stipulated in the terms of the highest classification or class association of the classification society, and the vessel shall remain at the end of the validity of the bill of lading with the date of shipment, and the age of the vessel shall not exceed 20 years.

For more than 20 years of age, the Seller shall pay the premium beyond the age of vessel.

The buyer will not accept vessels of more than 25 years of age.

15.8. for the bulk cargo, if the seller enters the container without the buyer's prior consent, the Seller shall be responsible for paying the compensation to the buyer, and the two parties shall agree on the specific amount at the appropriate time.

15.9. the Seller shall keep in close contact with the vessel carrying the goods and inform the buyer as soon as possible of all the accidents that the ship has on the way. If the seller fails to inform the buyer in time, the Seller shall be liable for any loss of the buyer.

"Chapter name" 16.CIF condition

Under the conditions of CIF, the seller is responsible for the insurance of the goods except for the fifteenth C & F conditions of this contract, but no franchise is allowed.

"Chapter name" 17. shipping notice

Within 48 hours after the shipment is completed, the Seller shall notify the buyer by cable or telex of the contract number, the name of the commodity, the weight (gross / net) or quantity, the invoice value, the name of the vessel, the port of shipment, the date of sailing and the expected time of arrival.

If the seller fails to make timely insurance by cable or telex to the buyer for the above shipping advice, the seller is responsible for all damages and / or losses caused by the buyer.

"Chapter name" 18. shipping documents

18.A. the seller will negotiate with the drawee bank on the basis of the following documents:

18.A.1. the complete set of clean bills of lading issued by the shipping company at the port of destination and endorsed in blank endorsed (if the C & F / CIF clause is marked "Freight Prepaid", as indicated in the FOB / FAS clause, is marked "freight collect").

18.A.2. 5 copies of the invoice signed by the beneficiary of the letter of credit, indicating the contract number, the L / C number, the trade name, the detailed specification and the shipping mark.

18.A.3. two copies of the packing list and / or weight list issued by the beneficiary of the letter of credit, indicating the gross weight and net weight and / or size of each item.

18.A.4. two copies of the quality inspection certificate and quantity or weight certificate issued by the manufacturer and / or the qualified and independent notary office at the port of shipment must indicate that all the specifications of the goods are in conformity with the stipulations of the letter of credit.

18.A.5. a copy of the telegraphic or telex copy of the shipping instructions specified in Clause seventeenth of the terms of delivery.

18.A.6. certifying that a copy of the above documents has been sent as required by the contract.

18.A.7. a letter of approval from the buyer of the nationality of the carrying vessel.

18.A.8. if it is a seller's insurance, it is required to provide an insurance policy of not less than 110% of the invoice value and all war risks.

18.B. does not accept photocopies, automatic or computer processing, or photocopying any original documents unless they are printed with clear "original" words and signed by the authorized leader of the issuing unit.

18.C. intermodal bills of lading, late bills of lading and simple bills of lading are not acceptable.

The third party designated by the 18.D. beneficiary is not acceptable to the shipper unless the third party bill of lading is endorsed by the shipper to the beneficiary and endorsed by the recipient.

18.E. the documents issued before the date of issuance of the L / C are unacceptable.

18.F. no charter party bill of lading is accepted for C & F / CIF cargo unless the beneficiary provides one copy of the charter party, the master or mate's receipt, the shipping order, the cargo stowage plan, or the other documents required by the buyer in the letter of credit.

18.G. the Seller shall bring two copies of the bill of lading, invoice and packing list to the buyer's receiving agent at the port of destination.

After the 18.H. carrier is launched, the Seller shall immediately send a copy of the full set of documents to the buyer, three to the branch of the foreign trade pportation company at the port of destination.

18.I. the Seller shall compensate the buyer for any loss sustained by the Seller due to the seller's late or late delivery of the above documents.

18.J. the bank charges outside People's Republic of China are for the seller's account.

"Name" 19. the goods ordered in the contract are air freight, and all the terms and conditions of this contract are shipped according to the terms of the air pport.

"Chapter name" 20. dangerous goods instructions

For dangerous goods and / or poisoned, the seller must provide his dangerous or toxic properties, matters needing attention in pportation, warehousing and handling, as well as instructions for prevention, first aid and fire fighting. The Seller shall send three copies of the instructions to other pport companies at the ports of the buyer and the destination at the same time with other shipping documents.

"Chapter name" 21. inspection and claim

The goods will be reloaded at the port of destination within 60 days (if the container is shipped 60 days after the opening of the container). After inspection by the China Import and Export Commodity Inspection Bureau, if the quality, quantity or weight and any other aspects are found to be inconsistent with the provisions of this contract, the buyer shall have the right to return the goods or claim against the seller in accordance with the inspection certificate issued by the Inspection Bureau.

All expenses arising from return or claim, including inspection fee, interest and loss, shall be borne by the seller.

In this case, the buyer may send the sample to the seller if the goods are suitable for sampling and sending.

"Chapter name" 22. compensation fee

Except for those who are deferred or unable to deliver because of force irresistible, if the seller fails to deliver the goods or fails to deliver the goods in accordance with the conditions stipulated in the contract, the Seller shall be responsible for making compensation to the buyer for all losses and damages resulting therefrom, including the difference between the purchase price and / or the purchase price, the empty charge, the demurrage, and the consequential direct or indirect losses therefrom.

The buyer has the right to cancel all or part of the contract, but it does not hamper the buyer's right to claim the seller.

"Chapter name" 23. compensation exception

The seller or the buyer is irresponsible because of the generally recognized "force irresistible" cause of failure to deliver or delay delivery.

However, the Seller shall notify the buyer by telegraph or telex immediately after the accident and airmail to the buyer the certificate issued by the relevant government agency or chamber of commerce at the site of the disaster to confirm the existence of the disaster within 15 days after the accident.

If the above "force irresistible" continues to exist for more than 60 days, the buyer shall have the right to cancel the whole or part of the contract.

"Chapter name" 24. arbitration

The two sides agree to resolve all disputes arising from the execution and interpretation of the terms of this contract through friendly negotiation.

During a reasonable period of time from the date of the occurrence of the dispute, up to no more than 90 days, when negotiations fail to obtain satisfactory results to both buyers and sellers, if the buyer decides not to file a suit against the court with jurisdiction that he considers appropriate, the dispute shall be submitted for arbitration.

Unless otherwise agreed by both parties, arbitration shall be held in Beijing, China and shall be arbitrated according to the arbitration rules and procedures formulated by the Foreign Trade Arbitration Commission of the China Council for the promotion of international trade. The arbitration shall be final and binding upon both parties.

The arbitration fee shall be decided by the losing party unless otherwise decided.