合同样本进口.docx

1、合同样本进口ContractNo.: Date:Place:The BuyerName:Address:Telephone No.:Fax No.:The SellerName:Address:Telephone No.:Fax No.:The contract is made by and between the Buyer and the Seller (hereinafter collectively called Both Parties); whereby the Buyer agrees to buy and the Seller agrees to sell the under-

2、mentioned commodity according to the terms and conditions stipulated below:1. Commodity and SpecificationQuantityUnit PriceTotal Amount2. Country of Origin and Manufacturer: 3. Packing:To be packed in strong wooden case(s), shipped in container(s), suitable for long distance ocean/parcel post/air fr

3、eight transportation and to change of climate, well protected against moisture, shocks, rust and rough handling. The Seller shall be liable for any damage of the commodity and expenses incurred on account of improper packing and any rust attributable to inadequate or improper protective measure take

4、n by the Seller in regard to the packing. Should the packing material be found insect infestation by Quarantine Inspection Office at the port of destination, the Seller shall bear the cost of fumigation or replacement of the packing. One full set of service and operation instructions shall be enclos

5、ed in the case.需用坚固的木箱包装,使用集装箱装运,适合长途海运/包裹速递/空运,适合气候的变化,防潮、防震、防锈、耐粗暴搬运。由于不良包装所引起的货物的损失，由于采用不充分或不妥善的防护措施而造成的任何锈损，卖方应该负担由此造成的一切费用和/或损失。如果货物运达目的地后，包装材料被检验检疫部门发现虫子，卖方应该承担熏蒸的费用或者替换包装的费用。一全套维修和操作说明书应随货置于箱子中。4. Shipping Mark:The Seller shall mark on each package with fadeless paint the package number, gros

6、s weight, net weight, measurement and the wording: Keep away from moisture Handle with care This side up, etc. and the shipping mark:5. Time of Shipment:6. Port of Shipment:7. Port of Destination:8. Insurance: To be covered by the Seller/the Buyer for 110% of the contract value against All Risks and

7、 War Risk and to the destination.9. Payment:Under Letter of CreditThe Buyer, upon receipt from the Seller of the delivery advice specified in Clause 11(1)a or 11(2)a hereof and letter of guarantee issued by the bank, which is agreed by the Buyer as the Attachment 3, shall 30 days prior to the date o

8、f delivery, open an irrevocable Letter of Credit with Buyers bank, in favor of the Seller for the total value of shipment. The credit shall be available against Sellers draft(s) drawn at sight on the opening bank for 100% invoice value accompanied by the shipping documents specified in Clause 10 her

9、eof. Payment shall be effected by the opening bank,(by telegraphic transfer/airmail transfer) against presentation to them of the aforesaid draft(s) and documents. The Letter of Credit shall be valid until the 15th day after shipment is effected. All banking charges of the Letter of Credit outside o

10、pening bank shall be borne by the Seller.买方收到卖方依据合同第11条（11(1)a or 11(2)a ）所述的装运通知和银行出具的经买方同意的，并作为本合同附件3的保函以后，应该在装运前30天，在买方银行开具以卖方为受益人，不可撤消的，合同全部金额的信用证。信用证凭卖方开具的以开证行为付款人的发票金额100%的即期汇票和本合同第10条款明确的装运单据付款。信用证在装运后15天内有效。开证行之外的所有银行费用，都应卖方来承担。On CollectionAfter shipment, the Seller may draw on the Buyer at

11、 sight and send the draft(s) together with the shipping documents specified in Clause 10 hereof, to the Buyer through the Sellers bank and the Buyers bank for collection.By Direct RemittancePayment shall be effected by the Buyer, by telegraphic transfer/airmail transfer, within -days after receipt f

12、rom the Seller of the shipping documents specified in Clause 10 hereof.10. Documents:(1)In case of sea freight:2/3 set of clean on board ocean bills of lading marked Freight to Collect/Prepaid indicating shipping mark made out to order blank endorsed and notifying shipyard.In case of airfreight: Cle

13、an airway bill in one original and one copy marked Freight to Collect/Prepaid notify the consignee indicating flight date and flight number and consigned to the shipyard.In case of parcel post: Air parcel post receipt in one original addressed to the shipyard.(2)Invoice in 5 originals indicating con

14、tract 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.(3)Packing list in 3 originals issued by the Manufacturer.(4)Certificate of Quality and Quantity in 2 originals issued by Manufacturer.(5)Th

15、e original fax to the shipyard advising particulars of shipment immediately after shipment is made.(6) In case of CIF TermsInsurance Policy or Certificate in one original and one copy covering 110% of invoice value against All Risks and War Risk.(7)If the commodity is packed in wooden case, the Sell

16、er shall certify that the wooden package of the commodity must be treated by the cooperation approved by the plant quarantine instruction of exported country or area according to the method or treatment confirmed by Chinese Authority and executed the special identification code IPPC. Or else, should

17、 provide Non-Wood Packing Material Declaration, or else, should provide Non-Coniferous Wood Packing Material Declaration.a. The Seller shall request the captain of the carrying vessel to bring one set of non-negotiable documents to -at the port of destination. Should the Seller fail to to so, the Se

18、ller shall bear all the expenses and penalty incurred from delay of the Customs declaration because the aforesaid documents are not available at the time after the arrival of the commodity at the port of destination.b. The Seller shall, within 5 days after shipment, send by registered airmail one se

19、t of original bill of lading, one set of invoice and packing list directly to shipyard at the port of destination. Should the Seller fail to do so, the Seller shall bear all the expenses and penalty incurred from the delay of the Customs declaration because the aforesaid documents are not available

20、at the time that the commodity arrivals at the port of destination11. Shipment:The following trade terms shall be interpreted according to INCOTERMS 2000.(1)In case of FOB/FCA/FAS Termsa. The Seller shall, 30 days prior to the date of shipment stipulated in Clause 5, advise the Buyer by fax of the c

21、ontract No., commodity, quantity, invoice value, number of package, gross weight, measurement and date of readiness at the port of shipment for the Buyer to book shipping space. Booking of shipping space shall be attended to by the Buyers Agent:-b. The Buyer or its shipping Agent shall send to the S

22、eller 10 days prior to the estimated date of arrival of the vessel at the port of shipment, a preliminary notice indicating the name of vessel, shipping agent, estimated date of loading, contract No. for the Seller to arrange shipment. The Seller is requested to get in close contact with the Buyer o

23、r its Agent. When it becomes necessary to change the carrying vessel or in the event of its arrival having to be advanced or delayed, the Buyer or its Agent shall advise the Seller in time. Should the vessel fail to arrive at the port of loading within 30 days after the arrival date advised by the B

24、uyer, the Buyer shall bear the storage and insurance expenses incurred from the 31st day.c.The Seller shall be liable for any dead freight or demurrage, should it happen that they fail to have the commodity ready for loading after the carrying vessel has arrived at the port of shipment on time.d. Th

25、e Seller shall bear all expenses, risk 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 expenses of the commodity shall be for the Buyers account. (2) In case of CFR/CIF/CPT/CIP T

26、ermsa. The Seller shall, 30 days prior to the date of shipment stipulated in Clause 5, advise the Buyer by fax of the date of readiness at the port of shipment.b. The Seller shall ship the commodity within the shipment time from the port of shipment to the port of destination. Transshipment is not a

27、llowed / allowed. Partial shipment is not allowed / allowed. The contracted commodity shall not be carried by a vessel flying the flag of the country which the buyer can not accept. The age of the vessel should not exceed 15 years.12. Shipping Advice(1)In case of FOB/FCA/FAS TermsThe Seller shall, i

28、mmediately upon the completion of the loading of the commodity, advise by fax the Buyer of the contract No., commodity, quantity, trade terms, invoice value, number of package, gross weight, measurement, name of vessel and date of sailing etc. In case the Buyer fails to arrange insurance in time due

29、 to the Seller not having informed the Buyer of the above in time, all loss shall be borne by the Seller.(2)In case of CFR/CIF/CPT/CIP TermsThe Seller shall, immediately upon the completion of the loading of the commodity, advise by fax the Buyer of the contract No., commodity, quantity, trade terms

30、, invoice value, number of package, gross weight, measurement, name of vessel, length, draft, lifting capacity of the vessel and date of sailing, etc.13. Guarantee of QualityThe Seller shall guarantee that the commodity hereof is made of the best materials with first class workmanship, brand new and

31、 unused, and complies in all respects with the quality and specification stipulated in this contract and the attached Technical Agreement. The guarantee period shall be:a. 24 months counting from the date on which the commodity arrives at the port of destination.b. 18 months counting from the date o

32、n which the new-built ship is delivered to the ship owner.c. 24 months counting from the date on which the commodity arrives at the port of destination or 12 months from the date on which the new-built vessel is delivered to the ship owner, whichever comes earlier.14. Inspection and ClaimsThe Seller shall, before making delivery, make a precise and comprehensive inspection of the commodity regarding the quality, specification, performance, quantity and weight and issue certificates certif