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    Contract For Sale Of Goods Between China And Foreign Countries (CFR Or CIF Clause)

    2008/1/21 10:47:00 41998

    Buyer: buyer, buyer, customer, manager, customer, manager, customer, manager, buyer, manager, customer, clerk, clerk:



    Address: telephone, code, telephone, telephone, etc.



    The legal representative is: the position of the people's Republic of China.



    Seller: it is: seller, buyer, customer, customer, seller, customer, seller, customer, seller, customer.



    Address: telephone, code, telephone, telephone, etc.



    The legal representative is: the position of the people's Republic of China.



    The buyer and the seller have signed the contract through full consultation on the principle of equality, voluntariness, reciprocity and mutual benefit, and both sides agree to fully perform the following terms:



    Article 1. Name, specification, quantity and unit price.



    It is very popular.



    It is very popular.



    It is very popular.



    It is very popular.



    The total value of second contracts



    Third origin countries and manufacturers



    The fourth loading port



    Fifth port of destination



    The sixth shipment date



    The pport is divided into two parts:



    Transports:



    Seventh packaging



    The goods must be properly packed by the seller, suitable for ocean and long-distance land pportation, moisture-proof, dampproof, shockproof, rustproof and barbarian handling, so as to ensure that the goods will not be damaged by the above reasons, so that they can be safely and safely arrived at the installation or construction site.

    Any loss caused by improper packing shall be borne by the seller.



    Eighth marks



    The seller must use non fading paint on each package for printing and packing numbers, sizes, gross weights, net weights, lifting positions, "up side", "handle with care", "keep dry" and the following shipping marks:



    Ninth insurance



    Under the terms of CIF:



    It shall be insured by the seller for 110% invoice value.



    Under the terms of CFR: insurance is to be effected after shipment.



    Tenth terms of payment



    1. the buyer will open an irrevocable letter of credit, which is payable by the buyer to the seller in the 30 days prior to the date of shipment, which is payable by the buyer in the seller's favour. The amount is% of the total value of the contract. The letter of credit will be accepted by the bank at the time of receipt of the following documents.



    A. full set of negotiable clean on board ocean bills of lading, together with two copies, marked "Freight Prepaid", blank head, blank endorsement, and notify port of shipment at the port of destination.



    B. commercial invoice in five copies, indicating contract number, L / C number and shipping mark.



    C. packing list in four copies, indicating the quantity, gross and net weight of each package.



    D. certificate of quality issued by the manufacturer and signed by the seller in three copies.



    E. has confirmed the complete set of technical documents in two copies.



    F. a telegram / telex attached to the shipment received to the Buyer immediately after shipment.



    G. under the CIF clause.



    1. a full set of insurance premiums covering 110% yuan of the invoice value.



    2. within 10 days after shipment, the Seller shall send three sets of the above documents (except f) to the buyer by air mail and two to the port of destination.



    3. upon receipt of the certificate of acceptance signed by the two parties, the bank will pay the amount of the contract amount at the end of the day.



    4. according to the fifteenth and 18 clauses of the contract, the buyer shall have the right to deduct the delay goods penalty payable by the seller when payment is made.



    5. all bank charges occurring in the buyer's country shall be borne by the company.

    All bank charges outside the buyer's country shall be borne by the company.



    Eleventh terms of shipment



    1. the seller must inform the buyer on the 40 day before shipment of the reserved vessel and its route of delivery for the buyer's confirmation.



    2. the seller must inform the buyer 20 days before shipment of the estimated time of delivery, the contract number, the invoice amount, the number of shipping and the weight and size of each piece.



    3. the seller must notify the buyer of the name, quantity, gross weight, invoice value, shipping name and date of shipment within 48 hours after the shipment is completed by telegraph / telex.



    4. if the weight of a single piece of goods reaches or exceeds the ton, the length and width, the Seller shall provide 5 detailed packaging drawings to the buyer 50 days prior to the date of shipment, indicating the detailed size and weight so that the buyer can arrange inland pportation.



    5. under the terms of CFR: if the seller fails to execute the 11 subsection (3) in time, the Seller shall bear all the losses resulting from the failure of the buyer to insure the goods in time.



    Twelfth technical documents



    1. a full set of English technical documents must be shipped together with each shipment:



    A. basic design plan.



    B. wiring instructions, circuit diagrams, gas / hydraulic linkage diagrams.



    C. drawings and manuals for easy wearing parts.



    D. spare parts catalog.



    E. installation, operation and maintenance instructions.



    2. in addition, within 60 days of signing the contract, the seller must send the technical documents specified in the first item of this article to the buyer or the end user by registered air mail, otherwise the buyer has the right to refuse to open the L / C or to pay the goods.



    Thirteenth warranty clauses



    The seller must ensure that the goods supplied are manufactured, new, unused, and are in conformity with the quality, specifications and performance stipulated in the contract in all respects. In the case of proper installation, normal operation and maintenance of the goods, the seller must give the guarantee period for the normal use of the contracted goods, which is calculated from the beginning of the arrival of the goods.



    Fourteenth tests



    1. the seller / manufacturer must inspect the quality, specification and quantity of the goods thoroughly and accurately before delivery, and issue the certificate of quality, proving that the goods delivered are in conformity with the relevant provisions of the contract, but this certificate is not the last basis for the quality, specification, performance and quantity of the goods. The seller or manufacturer shall attach the written report of the inspection details and results to the quality specification.



    2. after the arrival of the goods at the port of destination, the buyer shall apply for the preliminary inspection of the quality, specification and quantity of the goods and issue a certificate of inspection.

    If it is found that the quality, specification and quantity of the goods do not conform to the contract, the buyer shall have the right to refuse the goods and claim compensation from the Seller unless he or she is in charge of the insurance company or the ship owner.



    3. if the quality and specifications of the goods are found to be inconsistent with the contract stipulations or if the goods are found to be defective in the warranty period mentioned in Clause thirteenth of this contract, including internal defects or improper raw materials, the buyer will arrange for the inspection by the commodity inspection bureau and have the right to claim against the seller according to the inspection certificate.



    4. if the inspection certificate fails to be completed within the validity period of the contract due to some unforeseen cause, the buyer should cable the seller to extend the inspection period.



    Fifteenth claims



    1. if the seller does not agree with the contract and the buyer claims in the thirteenth and fourteenth stipulations of the contract, the Seller shall, upon obtaining the buyer's agreement, claim one or more of the following claims:



    A. agrees to return the goods by the buyer and reimburse the buyer in the currency stipulated in the contract, and bear all direct losses and expenses arising from the return, including interest, bank charges, freight, insurance, inspection fees, warehousing, loading and unloading of the port, and all other necessary expenses for the custody of the returned goods.



    B. depreciates the goods according to the inferior quality of the goods, the extent of damage and the amount of damage the buyer has suffered.



    C. replace defective parts with new parts that conform to the specifications, quality and performance stipulated in the contract, and bear all direct losses and expenses incurred by the buyer. The shelf life of the new replacement parts shall be extended accordingly.



    2. if the seller fails to reply within one month after receipt of the buyer's claim, he shall be deemed to have accepted the claim by the seller.



    Sixteenth force majeure



    1. if either of the contracting parties is prevented from performing by force majeure, the time limit for performance shall be extended accordingly in accordance with the time limit for force majeure.



    2. the blocked party shall notify the other party as soon as possible when the occurrence and termination of the force majeure occurs, and mail the certificate of accident issued by the competent authority to the other party within 14 days after the accident.



    3. a force majeure event lasts for more than 120 days. The other party has the right to send a written notice by registered airmail and notify the hindered party to terminate the contract, and the notice shall come into force immediately.



    The seventeenth arbitration



    All disputes arising from the execution of this contract shall be settled through friendly negotiation. If it can not be settled, the following paragraph (): Xiang Zhongcai:



    1. submitted to the China International Economic and Trade Arbitration Commission of Beijing, China, in accordance with its procedural arbitration.



    2. submit a third party arbitration agreement to both parties for arbitration.



    The arbitral award is final and the parties must abide by it.

    The arbitration fee shall be borne by the losing party, unless otherwise awarded by the arbitration organization.



    During the arbitration period, both parties shall continue to carry out other provisions of the contract other than the dispute.



    Eighteenth delays and fines



    If the seller fails to deliver the goods in time according to the contract, except for a force majeure accident, if the Seller agrees to pay the extension penalty, the buyer shall agree to postpone the delivery, and the fine shall be deducted through negotiation by the negotiating bank, but the penalty shall not exceed 5% of the total value of the goods.

    The penalty rate is calculated at 0.5% per week.

    Less than one week, according to a week.

    If the seller's delivery delay is 10 weeks longer than the contract period, the buyer has the right to cancel the contract. The seller still has to pay the prescribed penalty immediately to the buyer despite the cancellation of the contract.



    Nineteenth additional clauses



    This contract is signed by the two parties in the month of the year of the year of the year of the year.



    1. effective immediately.



    2. after the signing of the contract, the exchange confirmation will become effective within two days.



    Buyer: the company is in the market.



    The signature is: the first, the second and the third.



    Seller: the company is in the market.



    The signature is: the first, the second and the third.



    Date of signature: year, month, day and month

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