Model Text Of Import Contracts
< p > buyer: TLC, /p, TM, TM, TM, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, etc.
< p > the legal representative: the position of the people's Republic of China: the people's Republic of China, the people's Republic of China: "/p".
< p > seller: the address of the company is: "/p".
< p > the legal representative: the position of the people's Republic of China: the people's Republic of China, the people's Republic of China: "/p".
< p > buyers and sellers shall, on the principle of equality and mutual benefit, purchase by consensus, and the Seller shall sell the following goods and perform according to the following terms: < /p >
< p > first name, specification, manufacturing country, manufacturing plant, packing and shipping mark.
< /p >
< p > the coloring paint on each item is marked with the cargo number, gross weight, net weight, number, size, and destination port, and the following shipping marks < /p > are indicated.
< p > second quantity, unit price and total value.
< /p >
< p > third shipment time: < /p >
< p > delivery quantity must be cleared once a month and no partial shipment is allowed.
< /p >
< p > Fourth loading ports: < /p >
< p > fifth port of destination: < /p >
< p > sixth terms of payment: the buyer shall open an irrevocable letter of credit in favour of the seller 20 days before shipment, upon receipt of the seller's notice of the expected date of shipment and the quantity of the ship to be loaded.
The letter of credit is payable on the basis of the spot remittance and the documents stipulated in this contract at the issuing bank.
< /p >
< p > seventh documents: all documents must be used in accordance with the contract, so that the buyer can check and verify: < /p >
< p > A. to fill in the full set of Shipped Clean Bill of lading with blank head and blank endorsed at the port of destination. If the contract is FOB price terms, the bill of lading should be marked as "freight collect" or "carriage by ship". If the contract is CFR price terms, the bill of lading should be marked as "Freight Prepaid".
< /p >
< p > b invoice: specify contract number, shipping mark, name of vessel and letter of credit number; if partial shipment is made, batch number should be indicated.
< /p >
< p > C. packing list and / or weight memo: specify contract number and shipping mark and gross weight, net weight and number of goods separately.
< /p >
Certificate of quality and quantity / weight of manufacturing plant < p > d..
< /p >
< p > quality certificate shall be included in the contract according to the standard number of chemical composition, mechanical properties and other practical test results.
Certificate of quantity / weight shall be specified by item number.
< /p >
< p > E. copy of the telegram in accordance with this contract.
< /p >
< p > F. requires the certificate in accordance with the shipping certificate stipulated in this contract (if this contract is CFR price terms), and if this contract is FOB, the certificate is not required.
< /p >
< p > eighth shipping conditions: < /p >
< p > A. FOB terms: < /p >
< p > (a) the ship which carries the contract goods shall be rented by the buyer or the seller's pport agent.
The seller will take all the risks of the goods and arrive at the ship's surface.
< /p >
< p > (b) the seller must deliver the contract number, the name and quantity of the goods, the port of shipment and the expected cargo to the port of shipment 30 days before the delivery date of < a href= "http://www.91se91.com/news/index_c.asp > > /a, and notify the buyer by cable, so that the buyer will arrange the shipping space.
At the same time, the buyer's agent at the port of loading is notified at the same time. If the buyer fails to receive the notice within the specified time limit, the Seller agrees to deliver the goods within any time stipulated in the contract period, and the buyer will take the initiative to book the shipping space.
< /p >
< p > (c) the buyer shall notify the seller by telegraph to the buyer 12 days before the date of loading, the date of loading, the quantity of loading, the contract number and the shipping agent, and the Seller shall contact the shipping agent to make the goods ready for shipment on time.
If the buyer needs to change the ship or change the shipping schedule, the buyer or the shipping agent should inform the seller in time.
< /p >
< p > (d) after the buyer's charter arrives at the port of shipment on time, if the seller fails to ship the goods on time, all losses suffered by the buyer, including the empty charge, the delay fee and / or the fine, shall be borne by the seller.
If a ship cannot arrive within the load period determined by the shipping agent, the warehouse rent and insurance premium arising from the sixteenth day after the port's free stockpile expiry is borne by the buyer, but the seller still bears the obligation to ship the goods immediately after the arrival of the loading vessel to the port of shipment and to bear the cost and risk. All the losses mentioned above are verified by the original documents.
< /p >
< p > B. cost > a href= "http://www.91se91.com/news/index_c.asp" > freight price < /a > clause: < /p >
< p > the seller is responsible for placing the goods listed in the contract at the port of shipment at the port of destination and not pshipment halfway.
Goods shall not be shipped by vessels flying the flag of the state which is not acceptable to the buyer.
A cargo vessel shall not stop at the port area near the port stipulated in this contract until the port area is closed.
< /p >
< p > ninth shipping advice: the seller will notify the buyer by telegraph immediately after the shipment of the goods, including the contract number, name, number, gross weight, invoice value, name of the loading vessel and date of shipment.
< /p >
< p > tenth insurance: the buyer shall take care of the self shipment, but the Seller shall notify the buyer in accordance with this contract.
If the seller fails to do so, all losses suffered by the buyer shall be borne by the seller.
< /p >
< p > eleventh inspection and claim: at the port of discharge, the buyer has the right to apply for inspection by the commodity inspection bureau.
If the quality and / or quantity of the goods are found to be incompatible with the contract or invoice, the buyer shall have the right to lodge a claim against the seller within 90 days after the discharge of the port of destination, except for the liability of the insurance company and / or the shipping company. The claim shall be borne by the seller for all expenses incurred, including inspection fees, incurred by the seller.
When FOB price terms, the buyer has the right to claim the freight for the short weight section at the same time.
< /p >
< p > twelfth Force Majeure: the Seller shall not be responsible for the fact that the seller cannot deliver the goods within the time limit stipulated in the contract because of force majeure incidents.
However, the seller must immediately notify the buyer by telegraph and submit the certificate issued by the relevant government agency or chamber of Commerce to the buyer by registered mail to prove the existence of the accident.
The buyer shall have the right to cancel the contract due to an irresistible accident caused by force majeure and the seller can not obtain the export license and shall not be regarded as force majeure.
< /p >
< p > thirteenth delay in delivery and Penalty: except for irresistible causes, if the seller fails to deliver the goods on time, the buyer shall have the right to cancel the contract or postpone the delivery if the buyer agrees to pay the penalty.
The buyer may agree to grant the seller a 15 day concession period.
The penalty rate is 1% per 10 days.
Less than 10 days were calculated on 10 days.
The penalty shall be calculated from sixteenth days, not exceeding 5% of the total amount of the delayed payment.
< /p >
< p > fourteenth < a href= "http://www.91se91.com/news/index_c.asp" > arbitration > /a >: All disputes arising from the execution of this contract or with this contract shall be settled through friendly negotiation between the two parties.
If no settlement can be reached through negotiation, it shall then be submitted to the China International Economic and Trade Arbitration Commission for arbitration in accordance with the arbitration procedure of the Arbitration Commission.
The award of the Arbitration Commission is a final decision.
The arbitration fee shall be binding upon both parties. The arbitration fee shall be borne by the losing party unless otherwise awarded by the Arbitration Commission.
< /p >
< p > fifteenth, the contract was signed in the two year of the year in the year of the year of the year of the year of the year.
< /p >
< p > buyer: Gai Zhang, /p.
< p > represents: /p.
< p > seller: Gai Zhang, /p.
< p > represents: /p.
< p > signing date: the year of the year, the month of the month, and the date of /p.
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