1、卖 方:签订日期:_年_月_日The Buyer(买方) The Seller(卖方) This Contract is made and between the Buyer and the Seller, whereby the Buyer agrees to buy and the seller agrees to sell the under-mentioned commodity according to the terms and conditions stipulated below:1.COMMODITY, SPECIFICATIONS, QUANTITY AND UNIT PR
2、ICE (品名、规格、数量、单价) 2.TOTAL VALUE (总价)3.COUNTRY OF ORIGIN AND MANUFACTURERS(原产地及制造厂家)4.PACKING(包装)To be packed in new strong wooden case(s) or in carton(s) suitable for long distance ocean/air freight/parcel post transportation and well protected against dampness, moisture, shock, rust and numerous ha
3、ndling. The Seller shall be liable for any rust, damage and loss attributable to inadequate or improper protective measures taken by the Seller in regard to the packing.5.SHIPPING MARK(唛头)On the surface of each package, the package number, measurement, gross weight, net weight and the wordings ”HAND
4、LE WITH CARE”, “RIGHT SIDE UP”, “KEEP DRY”, the hoisting position and the following shipping mark shall be stenciled with fadeless paint.6.TIME OF SHIPMENT(装运期)7.PORT OF SHIPMENT(装运期)8.PORT OF DESTINATION(目的港)9.INSURANCE(保险)10.PAYMENT(支付)(1)In case by L/C: The Buyer, upon receipt from the Seller of
5、the shipping advice specified in Clause 11 hereof, shall open an irrevocable Letter of Credit days prior to the date of delivery, in favour of the Seller, for an amount equivalent to the total value of the shipment. The Credit shall be payable against the presentation of the draft(s) drawn on the op
6、ening bank and the shipping documents specified in Clause 10 hereof. The Letter of Credit shall be valid until the 15th day after the shipment is effected.(2)In case by Collection: After shipment, the Seller may draw on the Buyer at sight and send the draft(s) together with the shipping documents sp
7、ecified in Clause 10 hereof, to the Buyer through the Sellers Bankers and the Bank of China, Beijing for collection.In case by M/T or T/T: Payment shall be effected not later than two weeks after receipt of the shipping documents specified under Clause 10 of this Contract.11.DOCUMENTS(单证)(1)The Sell
8、er shall present the following documents to the paying bank for negotiation:(a)In case of sea-freight:Full set of clean on board ocean bills of lading marked “Freight to Collect”/”Freight Prepaid”, made out to order, blank endorsed, notifying China National Foreign Trade Transportation Corporation a
9、t the port of destination.In case of air-freight:One copy of airway bill marked “Freight to Collect”/”Freight Prepaid” and consigned to the China National Foreign Trade Transportation Corporation at the airport of destination notifying the Buyer.In case of air parcel post:One copy of air parcel post
10、 receipt addressed to the Buyer.(b)Five copies of Invoice, indicating contract number and shipping mark (in case of more than one shipping mark, the invoice shall be issued separately), made out in details as per the relative contract.(c)Five copies of Packing List with indication of shipping weight
11、, number and date of corresponding invoice.(d)Two copies of Certificate of Quality and Quantity issued by the manufacturer as specified in Item (1) of Clause 15.(e)A copy of cable or telex to the Buyer, advising shipment immediately when it is made.The Seller shall send together with the shipment on
12、e copy each of the above-mentioned documents, with the exception of Item (e) of this Clause, to the China National Foreign Trade Transportation Corporation at the port of destination.12.TERMS OF SHIPMENT(装运条款)In case of FOB Terms:(1)The Seller shall, 40 days before the date of shipment stipulated in
13、 the Contract, advise the Buyer by cable or telex of the Contract No, Commodity, quantity, value, number of package, gross weight, measurement and date of readiness at the port of shipment for the Buyer to book shipping space. Should any package reach or exceed 20 tons in weight, 10 meters in length
14、, 3.4 meters in width and 3 meters in height, the Seller shall provide the Buyer with 5 copies of packing drawing indicating the detailed measurement and weight 50 days before dispatch of the goods so as to enable the Buyer to arrange transportation.(2)Booking of shipping space shall be attended to
15、by the Buyers Shipping Agents, China National Chartering Corporation, Beijing, China.(3)The Buyer shall, 10 days before the estimated date of arrival of the vessel at the port of shipment, notify the Seller of the name of vessel, estimated date of loading and Contract No. for the Seller to arrange s
16、hipment. The Seller is requested to get in close contact with the shipping agents. When it becomes necessary to change the carrying vessel or in the event of her arrival having to be advanced or delayed, the Buyer or the Shipping Agents shall advise the Seller in time.Should the vessel fail to arriv
17、e at the port of loading within 30 days after the arrival date advised by the Buyer, the Buyer shall bear the storage and insurance expenses incurred from the 31st day.(4)The Seller shall be liable for any dead freight or demurrage, should it happen that they have failed to have the commodity ready
18、for loading after the carrying vessel has arrived at the port of shipment on time.(5)The Seller shall bear all expenses, risks of the commodity before it passes over the vessels rail and is released from the tackle. After it has passed over the vessels rail and been released from the tackle, all exp
19、enses of the commodity shall be for the Buyers account.In case of C&F Terms;(1)The Seller shall ship the goods within the shipment time from the port of shipment to the port of destination. Transhipment is not allowed. The contracted goods shall not be carried by a vessel flying the flag of the coun
20、try which the Buyer can not accept.In case the goods are to be dispatched by air parcel post/airfreight, the Seller shall, 30 days before the time of delivery as stipulated in Clause 5, inform the Buyer by cable or telex of the estimated date of delivery, Contract No., commodity, invoiced value, etc
21、. The Seller shall, immediately after dispatch of the goods, advise the Buyer by cable or telex of the Contract No, commodity, invoiced value and date of dispatch for the Buyer to arrange insurance in time.13.SHIPPING ADVICE(装船通知)The Seller, immediately upon the completion of the loading of the comm
22、odity, shall notify by cable or telex the Buyer of the Contract No, name of commodity, quantity, gross weight, invoiced value, name of the carrying vessel and date of sailing. If the weight of any package is above 9 metric tons, the width over 3400 mm or the height on both sides over 2350mm, the Sel
23、ler shall advise the Buyer of the weight and measurement of each package. In case the Buyer fails to arrange insurance in time due to the Sellers not having advised in time, all the losses shall be borne by the Seller.14.TECHNICAL DOCUMENTS(技术资料)(1)One complete set of the following technical documen
24、ts written in English shall be packed and dispatched together with each consignment.(a)Foundation drawings.(b)Wiring instructions, diagrams of electrical connections and/or pneumatic/hydraulic connections.(c)Manufacturing drawing of easily worn parts and instructions.(d)Spare parts catalogues.(e)Qua
25、lity Certificate as stipulated in Item (1) of Clause 15.(f)Erection, operation, maintenance instruction books.The Seller shall in addition send to the Buyer by airmail the respective technical documents as stipulated in paragraphs (a), (b), (c), (d), and (f) Item (1) of this Clause within months aft
26、er signing this Contract.16.GUARANTEE OF QUALITY(质量担保)The Seller shall guarantee that the commodity is made of the best materials, with first class workmanship, brand new, unused and complies in all respects with the quality, specifications and performance as stipulated in this Contract. The Seller
27、shall guarantee that the goods, when correctly mounted and properly operated and maintained, shall give satisfactory performance for a period of months counting from the date on which the commodity arrives at the site of the end user.17.INSPECTION(检验)(1)The manufacturers shall, before making deliver
28、y, make a precise and comprehensive inspection of the goods as regards the quality, specifications, performance and quantity/weight and issue certificates certifying that the goods are in conformity with the stipulations of this Contract. The certificate shall form an integral part of the documents
29、to be presented to the paying bank for negotiation of payment but shall not be considered as final in respect of quality, specifications, performance and quantity/weight. Particulars and results of the test carried out by the manufacturer must be shown in a statement which has to be attached to the
30、Quality Certificate.(2)After arrival of the goods at the port of destination, the Buyer shall apply to the China Commodity Inspection Bureau (here-in-after called the Bureau) for a preliminary inspection in respect of the quality, specification and quantity/weight of the goods and a Survey Report sh
31、all be issued therefore. If discrepancies are found by the Bureau regarding specifications or the quantity or both, except where the responsibilities lie with insurance company or shipping company, the Buyer shall, within 90 days after arrival of the goods at the port of destination, has the right t
32、o reject the goods or to claim against the Seller.(3)Should the goods prove defective within the guarantee period stipulated in Clause 14 for any reason, including latent defect or the use of unsuitable materials, the Buyer shall arrange for a survey to be carried out by the Bureau, and have the right to claim against the Seller on the Survey Report.18.CLAIMS(索赔)(1)In case that the Seller is liable for the discrepancies and a c
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