How To Correctly Formulate Business Contracts

Contract No.:

Date:

Commercial contract is a general contract.

In international trade, if both parties do not have special requirements for contract goods, the contents and forms of commercial contracts are generally adopted.

Buyer:

Telegram: the telegram of "Wei" and "Wei".

Seller:

Telegram: the telegram of "Wei" and "Wei".

In accordance with the terms of this contract, the buyer agrees to purchase, and the Seller agrees to sell the following products.

1. the name and size of the product.

Setting: the first and the second.

The quantity is:

Unit price: it is called "Yu".

Total price:

Total amount:

2. the country of origin and production plant:

3. packaging:

They must be packed in strong wooden cases or cartons.

It is suitable for long-distance sea / mail / air pportation and climate change.

And has good moisture-proof and seismic capacity.

The Seller shall compensate the seller for any damage caused by improper packing or damage to the goods due to improper protective measures.

The package should be accompanied by complete maintenance and operation instructions.

4. shipping marks:

The Seller shall mark the box number, gross weight, net weight, length, width and height on each container, with the words "moistureproof", "handle with care", "face up", and so on.

5. date of shipment:

6. port of shipment:

7. port of discharge:

8. insurance policy:

The buyer shall insure the shipment after shipment.

9. payment terms:

There are three cases.

(1) the letter of credit is used:

The buyer receives the seller's notice of delivery [see the terms and conditions of this contract 11 (1) a), and shall, on the 15~20 day before the date of delivery, open an irrevocable letter of credit in the seller's favour with the same amount as the shipping document.

The Seller shall give the issuing bank 100% draft for the invoice value and the shipping documents (see the tenth clause of the contract).

The issuing bank receives the above draft and shipping documents payable on demand (by wire or airmail).

The letter of credit is valid within 15 days after the date of shipment.

(2) collection.

After shipment, the seller will issue a sight draft, together with the shipping documents (see the tenth paragraph of this contract), and submit it to the buyer through the Bank of the seller's place and the buyer's Bank.

(3) direct payment:

The buyer receives the seller's shipping documents (see the tenth paragraph of the contract) within 7 days, and delivers the goods to the seller by telegraphic pfer or airmail.

10. documents:

Small shipping:

The full set of clean Ocean Bills of lading marked "freight paid" / "Freight Prepaid", which are endorsed in blank endorsed and noted.

(2) air pport:

A copy of the airway bill is marked "freight paid" / "Freight Prepaid" and sent to the buyer.

(3) air mail:

A copy of airmail receipt is sent to the buyer.

(4) the invoice is in five copies, indicating the contract number and shipping mark (if the shipping mark is more than one, the invoice should be separately listed), the invoice should be filled out in detail according to the relevant contract.

(5) packing list issued by manufacturer in two copies.

(6) quality and quantity guarantee issued by the manufacturer.

(7) notify the buyer by telegraph / letter immediately after shipment.

In addition, within 10 days of shipment, the seller will send two copies of the above documents (fifth exceptions), one directly to the buyer and the other to the port of destination.

11. shipment:

(1) F.O.B. clause:

A. the seller will inform the buyer by telegraph / letter of the contract number, name, quantity, value, box number, gross weight, packing size and the date of arrival of the goods at the port of shipment 30 days before the date of shipment stipulated in the contract, so that the buyer can charter the ship and book the shipping space.

B. the seller's shipping agent.

(telegram: the cable pport is responsible for the booking of shipping documents.

C._____ the charterer or its port agent (or liner agent) expects the ship to arrive at the port of shipment 10 days before it will notify the seller of the name of the vessel, the estimated date of shipment and the contract number, so as to enable the seller to arrange shipment.

The seller is required to maintain close contact with the ship's agent.

The buyer or his agent shall notify the seller promptly when the ship is required to be replaced and the ship arrives ahead of schedule.

If the ship has not arrived within 30 days after the buyer's notice, the warehousing and insurance costs will be borne by the buyer thirtieth days later.

D. if the carrying vessel arrives on the port of shipment as scheduled, the seller will bear the empty charge and demurrage due to the failure of the seller to affect the shipment.

E. the goods have not been discharged from the ship's side, and all costs and risks are borne by the seller. When the goods pass over the ship's side and unloaded from the hook, all costs and risks are the buyers.

(2)

Next:

A. during the shipment period, the seller is responsible for pporting the goods from the port of shipment to the port of destination.

Transshipment is not allowed.

B. by airmail / air freight, the seller will notify the buyer by telegraph / letter of the date of delivery, the contract number, the name of the goods, the amount of the invoice, 30 days before the date of delivery stipulated in the fifth clause of this contract.

When the goods are delivered, the seller will inform the Buyer immediately by cable / letter of the contract number, the name of the goods, the invoice value and the date of delivery, so that the buyer can insure the goods in time.

12. shipping advice

In the event of full shipment of the goods, the Seller shall notify the Buyer immediately by cable / letter of the contract number, name, quantity, invoice value, gross weight, ship name and sailing date.

If the seller fails to insure the buyer in time due to the seller's notice, the seller will bear all the losses.

13. quality assurance:

The Seller guarantees that the goods supplied are made of the best materials and with superb technology, and the trademarks are new and unused. The quality and specifications are in conformity with the instructions given in this contract.

12 months from the port of destination to the port of destination is the quality guarantee period.

Fourteen

:

Within 90 days after the arrival of the goods from the port of destination, it is found that the quality, specification and quantity of the goods are not in conformity with the contract stipulations. Except for those parts which should be borne by the insurance company or the ship owner, the buyer may have the right to ask for replacement or claim on the basis of the certificate of inspection issued by the company.

In the 12 months after the seller's guarantee has arrived at the port of destination, the buyer will immediately notify the seller in writing and issue a certificate of inspection issued by the Commodity Inspection Bureau in the form of written notice to the seller.

The certificate of inspection is the basis for claims.

According to the buyer's claim, the seller is responsible for the immediate removal of the defects of the goods, all or part of the replacement of the goods, or the reduction of the goods according to the defects.

15. Force Majeure:

The Seller shall not be liable for any delay in delivery or delivery of the goods in the course of the manufacture and shipment of the goods.

The seller will inform the Buyer immediately after the occurrence of the event of force majeure and send the certificate issued by the authority of the accident place to the buyer for evidence within 14 days of the incident.

Even under such circumstances, the seller is still obliged to take necessary measures to prompt the delivery.

The buyer has the right to cancel the contract after a more than 10 weeks after the occurrence of the event of force majeure and the contract has not yet been fulfilled.

16. contract extension and Penalty:

Except for the force majeure mentioned in the 15 Clause of this contract, if the seller fails to deliver the goods on time as stipulated in the contract, the buyer may agree to postpone the delivery according to the seller's confirmed penalty, and the Bank of payment accordingly reduces the agreed payment amount, but the penalty shall not exceed 5% of the total amount of the late shipment.

If the seller fails to deliver the goods within 10 weeks after overdue, the buyer has the right to cancel the contract.

Although the contract has been withdrawn, the Seller shall still pay the above penalty as scheduled.

Seventeen

:

Any dispute involving this contract or the execution of this contract shall be settled through friendly negotiation. If negotiations fail to be settled, the Arbitration Commission may submit to the Arbitration Commission for arbitration according to the provisional rules and procedures laid down by the Council.

Arbitration will be held at the bar, and the arbitral award is final and binding upon both parties.

The cost of arbitration shall be borne by the losing party.

Arbitration can also be carried out in a third country acceptable to both parties.

18. additional terms:

There are two original contracts.

After signing by both parties, each party holds one copy.

Seller: buyer, buyer

Promulgation unit: the Economic Contract Department of the State Administration for Industry and Commerce

Date of promulgation: