Nongovernmental Trade Agreement
Contract No.:
The seller (hereinafter referred to as the seller) is one party, the buyer is the other party, and this agreement is signed on the date of the year.
By consent: Seller's sale, buyer's purchase (hereinafter referred to as goods), its quantity, specification and price are detailed in listing A.
I agree with you as follows:
1. the terms and conditions of this contract include all agreements reached between the two parties and replace all agreements reached by both parties.
Except for the terms authorized by the authorized person or representative of the two parties, the other provisions shall be void.
2. the buyer must make an irrevocable, non recourse, confirmed, pferable, divisible, pferable and partial shipment, sight draft letter of credit in favour of the seller by irrevocable letter of credit.
The validity period of the L / C is 45 days after the last shipment is taken from the port of shipment.
The confirmation fee of the letter of credit is paid by the buyer.
3. the Seller shall submit the following documents to the negotiating bank:
(1) a full set of clean Ocean Bills of lading in two copies;
(2) the invoice is in four copies.
(3) quality certificates issued by Commodity Inspection Bureau in two copies;
(4) two copies of the quantity / weight inspection report issued by the commodity inspection bureau.
4. the number of goods allowed for overloading and shorting is equivalent to 5% of the total amount of the letter of credit.
5. delivery:
(1) the time of delivery is between.
(2) port of shipment.
6. shipping conditions:
(1) at the seller's request, the buyer shall, on the 20 day before each shipment, place the name of the vessel, the ship's name and the estimated value.
Reach the date of loading port and deadweight tonnage, and notify the seller by letter.
(2) the buyer may designate the ocean shipping agency as its shipping agent and be responsible for paying all the port charges.
The buyer shall arrive at the port of shipment 10 days, 5 days, 72 hours and 24 hours before the arrival of the ship, and when the ship arrives at the port of shipment, the amount of water eaten by the ship will be reported to the agent by electricity.
(3) the buyer shall, on the 10 day before the ship's arrival at the port of shipment, report the particulars of the vessel, including the name of the vessel, the ship's registry, the pre arrival date, the nationality of the captain and crew, the call sign, the tonnage, the draught, the total length and other information required by international maritime practice, and report to the agent in accordance with the electricity.
(4) the buyer shall submit the Charter Party issued by the charterer to the seller as soon as possible.
7. after shipment, the risk of shortage, damage and deterioration will be borne by the buyer.
The goods are covered by the buyers themselves.
8. the buyer shall provide the seller with a performance deposit in time of 3% of the total value of the contract through the bank, which is valid for 30 days after the shipment of the last shipment from the port of shipment.
This deposit is a breach of the buyer's agreement, but has not yet involved a penalty for the whole agreement.
If the buyer fails to open an irrevocable letter of credit in accordance with the second clause, the Seller shall have the right to terminate the contract immediately, confiscate the above 3% deposit and write to the buyer for the reasons.
9. the buyer shall open the paction letter of credit in accordance with the date stipulated in Clause second of this contract, otherwise the Seller shall have the right to cancel the contract without notice, or to claim for the losses suffered therefrom.
10. applicable rules and regulations:
(1) shipping terms: See listing B;
(2) the collection of dispatch and demurrage charges for foreign vessels in port is shown in listing C;
(3) the rate of demurrage rate, the rate of dispatch and the handling and settlement rules are published in
It shall be dealt with in accordance with the rules of promulgation.
All expenses are to be borne by the buyer.
11. in addition to the claims that the insurance company and the ship should undertake, disputes involving the quality, quantity and weight of the goods are involved.
The two parties shall resolve them through consultation.
If no settlement can be reached through negotiation, the case shall be submitted to the commodity inspection bureau or its subordinate units for ruling. The award is final and binding on both parties. Neither party has the right to appeal.
12. the Seller shall not be liable for any delay in delivery or obstruction of delivery of the contract goods, such as force majeure, coup, strike, embargo, dismissal, etc., which are beyond the control of the seller for natural reasons.
However, at the request of the buyer, the Seller shall mail the certificate issued to the buyer by registered mail and, if possible, submit the certificate issued by the competent authority.
(a)
13. all disputes involving this contract or the execution of this contract shall be settled through consultation.
In case no settlement can be reached through negotiation, the parties concerned may submit the case to the defendant country for arbitration according to the arbitration rules and procedures of the country, and the arbitral award is final and binding upon both parties.
The arbitration fee shall be borne by the losing party unless otherwise awarded by the arbitration organization.
Listing A
1. article name:
2. cargo specifications:
3. quantity: (agreed by the seller, the buyer agrees to 5% of the total short and short weight).
4. unit price:
5. gross value: US. S. D.
(per metric ton value is determined by actual delivery quantity).
6. packaging:
Listing B
Shipment clause
1. the Seller shall write the contract number, quantity and scheduled delivery date to the buyer 20 days before each delivery date stipulated in the contract, so that the buyer can charter the ship and book the shipping space.
2. 15 days before each shipment, the buyer shall notify the seller by letter of the name of the vessel, the date of arrival, the date of arrival, the contract number, the tonnage weight and so on, so that the seller can arrange the delivery.
3. the buyer will entrust the port of shipment to the ocean shipping company as its shipping agent, and the buyer will bear all the expenses, and the buyer will obtain all the visas from the port of shipment.
The buyer shall inform the seller of the particulars of the ship by letter 10 days before the arrival of the ship at the port of shipment.
(including the name of the ship, the ship's membership, the number of crew, the nationality of the crew, the call sign, the load, the draught and the total length, etc.).
4. when the ship reaches the port of shipment, the seller will not be able to load the goods in time, and the resulting cabin and demurrage will be borne by the seller.
If the 15 days' shipment expires and the ship does not reach the port of shipment, the warehousing and demurrage charges from 16 days will be borne by the buyer.
5. the Seller guarantees 1 consecutive working days for 24 hours. The loading rate of each hatch is a tonne. The detention period / dispatch period is calculated according to the provisions of annex C.
6. after the loading is completed, the seller will inform the buyer by letter of the contract number, name, quantity, shipping name and sailing date.
Listing C
Provisions for calculation of quick dispatch and demurrage for port and port loading and unloading (Annex).
Seller's representative: signature.
Buyer's representative:
Note:
Because of various reasons, there is no direct contact between different countries and regions, but only through the two sides can accept the trade names of private trade groups or individuals.
Private trade is single entry, single export, unilateral import and unilateral export.
The rights and obligations of the terms of the private trade contract must be equal, that is, the rights of one party are the obligations of the other party. On the contrary, the rights of the other party are also obligations of the party.
The seller's obligation is to deliver the contract goods and pfer the documents. The goods must conform to the documents. The buyer's obligation is to pay the price and check the goods.
The contract entered into force after signature.
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