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    Chinese And Foreign Contract For Sales Of Goods

    2009/1/7 17:13:00 41901

       Contract for sale of goods between China and foreign countries (FOB clause)

    Buyer: buyer, buyer, manager, customer, manager, customer Officer:

    Address: the address is: the first, the second and the third.

    Postal Code: it is: the first, the second and the third.

    Tel: TK, TK, TK, TK, TK, TK, TK, TK, TK, TM, TM, TM, TM, TM, etc.

    The legal representative is the following:

    Duties: the first, the second, the post.

    Seller: the seller: the company is in charge of the company.

    Address: the address is: the first, the second and the third.

    Postal Code: it is: the first, the second and the third.

    Tel: TK, TK, TK, TK, TK, TK, TK, TK, TK, TM, TM, TM, TM, TM, etc.

    The legal representative is the following:

    Duties: the first, the second, the post.

    Buyers and sellers should abide by the principle of equality, voluntariness, mutual benefit and mutual benefit and negotiate the following agreements and abide by them.

    Article 1. Name, specification, quantity and unit.

    It is very popular.

    The total value of second contracts

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    Third origin countries and manufacturers

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    The fourth loading port

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    Fifth port of destination

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    The sixth shipment date

    Sub shipment: it will be carried out in China.

    Transhipment: transportation, transportation, transportation, transportation, transportation, transportation, transportation, transportation and transportation.

    Seventh packaging

    The goods must be properly packed by the seller, suitable for ocean and long distance land transportation, moisture-proof, dampproof, shockproof, rustproof and barbarian handling.

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

    Eighth marks

    The Seller shall use the non fading paint on each package to print the package number, size, net weight, lifting position and "end up", "handle with care", "do not damp" and the following shipping marks:

    Ninth insurance

    The buyer shall insure the shipment after shipment.

    Tenth terms of payment

    1. the buyer will open an irrevocable letter of credit in the favor of the seller 30 days before the date of receipt of the notification and the date of shipment. After accepting the following documents, we will accept the payment of the letter of credit (if the sub shipment is to be delivered separately).

    A. a full set of negotiable clean on board ocean bills of lading, together with two sets of copies, marked "freight collect", blank, and blank endorsed, have been notified to the port of shipment.

    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 weight and net weight of each package.

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

    E. provides confirmation of the complete set of technical documents in two copies.

    2. the Seller shall, within 10 days after shipment, register three sets of the above documents by registered airmail, one to the buyer and two to the port of destination.

    3.____ bank has received the certificate of acceptance of the contract stipulated in the contract, and the total value of the contract shall be%,%, and%.

    4. the buyer has the right to deduct the amount of the delayed penalty payable by the seller in accordance with the fifteenth, eighteenth clause of the contract.

    5. all banking charges in China are borne by the company. All bank charges outside China are borne by the company.

    Eleventh shipping terms

    1. the seller must inform the buyer by telex / telex to the contract number, goods name, quantity, invoice amount, number, gross weight, size and date of delivery, 45 days before the time of shipment, so that the buyer can arrange the booking.

    2. if any package of the goods reaches or exceeds the weight, weight, weight, weight, weight, length, weight, weight, weight and weight, the Seller shall provide five copies of the packaging drawings to the buyer 50 days before the shipment, indicating the detailed size and weight of each piece, so that the buyer can arrange the transportation.

    3. the buyer must notify the seller of the ship's name on the 10 day before the date of the expected arrival of the ship, the date of shipment, the contract number and the agent of the port of shipment so that the seller can arrange shipment. The buyer or the shipping agent should notify the seller promptly if the ship is required to be changed, or the time of shipment is advanced or postponed. If the cargo ship fails to arrive at the port of shipment within 30 days after the arrival date of the buyer's notice, the storage and insurance expenses incurred at the port of shipment shall be borne by the buyer on the thirty-first day.

    4. when the ship arrives at the port of shipment on time, if the seller fails to make the goods ready for shipment, all the warehouse and demurrage charges shall be borne by the seller.

    5. all risks and expenses shall be borne by the seller before the goods pass the ship's side.

    All risks and expenses shall be borne by the buyer after the goods are removed from the ship's side.

    6. the Seller shall notify the buyer of the contract number, name, quantity, gross weight, invoice value, shipping name and date of shipment within 48 hours after the shipment is completed. If the seller fails to cable the buyer in time, all losses arising from the goods being insured in time shall be borne by the seller.

    Twelfth technical documents

    1. the following set of English technical documents should be shipped with the goods:

    A. basic design plan.

    B. wiring instructions, circuit diagrams and gas / hydraulic connection diagrams.

    C. easy to wear parts manufacturing drawings and instructions.

    D. spare parts directory.

    E. installation, operation and maintenance instructions.

    2. the Seller shall, within 60 days after signing the contract, send the technical documents specified in the first paragraph of this article to the buyer or the registered customer, otherwise the buyer has the right to refuse to open the L / C or refuse to pay the goods.

    Thirteenth warranty clauses

    The Seller guarantees that the goods are made of superior materials and top-quality technology, made new, unused, and in all respects consistent with the quality, specifications and performance stipulated in the contract, and the guarantee period for the normal use of the contracted goods is given to the seller under the condition of proper installation, normal operation and maintenance of the goods. This guarantee period starts from the arrival of the goods at the beginning of the trade.

    Fourteenth inspection provisions

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

    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 the inspection certificate. If the inspection of the commodity inspection bureau finds that the quality, specification or quantity of the goods do not conform to the contract, the Buyer shall have the right to reject the goods and lodge a claim against the seller, unless the insurance company or the ship owner is responsible.

    3. if it is found that the quality and specifications of the goods are not in conformity with the contract stipulations, or if the goods are proved to be defective within the warranty period stipulated in the thirteenth clause of the contract, including internal defects or unused raw materials, the buyer will arrange for the inspection by the Commodity Inspection Bureau and have the right to claim against the sellers according to the certificate of commodity inspection.

    4. if, for some unforeseen reason, the inspection certificate is not completed within the validity period of the contract, the buyer shall cable the seller to extend the inspection period.

    Fifteenth claims

    1. the seller is liable for the goods which are not in conformity with this contract and the buyer claims in accordance with the thirteenth and fourteenth provisions of the contract. During the inspection and warranty period, the seller, with the consent of the buyer, may make one or several claims according to the following methods:

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

    B. depreciates the goods in accordance with the inferior quality of the goods, the extent of loss and the amount of loss the buyer has suffered.

    C. replace defective parts with parts that meet the requirements of contract, quality and performance, 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 receiving the buyer's claim, he shall be deemed to have accepted the claim by the seller.

    Sixteenth force majeure

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