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* CONTRACT

CONTRACT No
Place, Date
Between:
Name:
Address:
Tel:
Fax:
Email:
Represented by
Hereinafter called as the SELLER
And:
Name:
Address:
Tel:
Fax:
Email:
Represented by
Hereinafter called as the BUYER
The SELLER has agreed to sell and the BUYER has agreed to buy the
commodity under the terms and conditions provided in this contract as
follows:
Art.1: Commodity:
Art.2: Quality:
Art.3: Quantity:
Art.4: Price:
Art.5: Shipment:
Art.6: Payment:
Art.7: Packing and marking:
Art.8: Warranty:
Art.9: Inspection:
Art.10: Force Majeure:
Art.11: Claim:
Art.12: Arbitration:
Art.13: Other terms and conditions:
(Loading terms/loading and discharging rate; Performance Bond,
Insurance; Penalty)
For the BUYER

For the SELLER

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TERMS
1.COMMODITY
a. Common name+ scientific name:
b. Name+ origin
c. Name+ specifications
d. Name+ production time
e. Name+ trade mark
f. Name+ functions
g. Name+ model
h. Combination

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TERMS
1.COMMODITY
Vietnamese long grain white rice of 10% broken, crop 2008
Two-litre multi rice cooker, Sanyo brand, model AB12,
made in Japan, 2008
Charger AB 123, 110V/220V for large battery.

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2.QUANTITY/ WEIGHT/ AMOUNT OF GOODS)


- Piece, unit
- MT, kg, gallon.
- Bag, box, bottle
LT=long ton=1016,047 kg
ST=short ton=907,187kg

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1. Net Weight 10,000 MT +/- 10% (at the sellers option)


2. 100 sets, one set with one catalogue and one adaptor .
3. 500 MT+/- 5% at the sellers option in accordance with the
market price/ contract price.

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3 .QUALITY/ SPECIFICATION / DESCRIPTION OF


GOODS:
a. by sample:
Quality:
* As

per sample no., in the possession of


the Buyer on The sample must have
the signatures of all Parties. The sample is
to be made in 03 copies for the Buyer, the
Seller and the Surveyor. The sample is an
integral part of the Contract.

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3 .QUALITY/ SPECIFICATION / DESCRIPTION OF


GOODS:
b. By standard :

Quality:
1. Arabica grade 1, TCVN 4193 : 2001
2. In accordance with TCVN --------- in effect in--------

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c. By specification:
Specification:
- Mainboard ECS 845GV-M3 Socket 478
- CPU Intel Pentium 4 Processor Socket
478
-Monitor 15 inch Samsung SyncMaster
- Medium Tower Case ATX ROBO
- Keyboard PS/2 ROBO Multimedia
- Mouse PS/2 ROBO Optical Scroll
- CD Rom 52X

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By the state of the goods:


Quality:

As it is

By the goods inspected before


Quality: As inspected and approved by the Buyer

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Quality:

The quality of the Goods is as per


the attached Technical Documents
agreed by the Buyer. Technical
Documents are in Vietnamese. The
Technical Documents are an integral
part of the Contract.
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Quality:

The Goods shall be with X trademark,


officially registered at The quality
of the Goods shall be in conformity with
the quality of X trademark.

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By description:

Pepper: clean, dry, black,


hot taste
- Moisture: 14%
- Admixture: 1%
- Not mouldy or mouldy
smelling

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By description:

Yellow sesame: new crop, dry,


clean, no worm eaten
- Moisture:
8% Max.
- Other color grain:
2%
Max.
- Admixture: 1% Max.
- Oil content: 45% Min.
- Acid index: 3 Max.

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By description:

Moisture: 14 % max
+ Foreign matter: 0.5% max
+ Broken: 25.00% max
+ Whole grain: 40.00 % min
+ Damaged kernel: 2.00% max
+ Chalky kernel: 8.00% max
+ Red kernel: 4.00% max
+ Immature kernel: 1.00%
max
+ Milling degree: ordinary
milled
+

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4. PRICE:

setting price:
a. fixed price: 100 USD/kg FOB HP port,
Incoterms 2000
b. deferred fixing price:
Will be set in May, 2009 at the price of 85 USD/MT lower
than posted price for Robusta grade 1 at LIFFE
c. flexible price:
220 USD/MT FOB HP, Incoterms 2000. The price shall be
changed if on the delivery, market price varies more than
10%

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Unit price
Total amount
Packing
Accessories
Price:
Unit price: USD 200.00
Total amount: 200 USD x 200 sets =
40,000 USD
(Forty thousand US dollars
only)
The price is to be understood FOB
Singapore,
Incoterms 2000 including packing
and accessories
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5. DELIVERY/ SHIPMENT:
A. Time of delivery:
B. Place of delivery:
Port of discharge
Port of destination
C. Mode of delivery
Lump-sum. Partial- shipment, installments.

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5. DELIVERY/ SHIPMENT:
5.1 Time of shipment: not later than -----5.2 Port of loading: Indonesia main ports
5.3 Destination port: Hochiminh City Port
5.4 Notice of shipment:
Within 2 days after the sailing date of carrying vessel
to S.R Vietnam, the Seller shall notify by cable to the
Buyer the following information:
+ L/C number
+ Amount
+ Name and nationality of the vessel
+ Bill of Lading number/ date
+ Port of loading
+ Date of shipment
+ Expected date of arrival at discharging port
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6. PAYMENT):
a. currency of payment

b. time of payment:

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c. Place of payment:

d. Mode of payment:

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Payment:
- By TT remittance within 7 days from

the receipt of shipping documents


(original) to . account no.: . in
bank, HCM city, HN
- Payment shall be made upon the
receipt of these shipping documents
such as:
+ Full set (3/3) of clean on board Bill of
lading, marked: Freight prepaid
+ Commercial invoice in triplicate
+ Packing list in triplicate
+ Certificate of origin issued by

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Payment:
* Within a week after receipt of Notice

of Shipment, the Buyer shall make full


payment by T/T to the account of the
Seller from X bank to Y bank

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Payment:

By D/P base-telegraphic
reimbursement right after receipt of
shipping documents from ---------bank
HCM city/ HN
Reimbursement of 100% contract
value is to be transferred to the
Sellers Account no.: at
-------bank.
Buyers bank: ----------- ( name)
Add:..
Following documents must be
presented to:
+ Full set (3/3) of clean on board
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Bill of lading, marked: Freight prepaid

Payment:
The Buyer shall open an at sight, irrevocable
L/C in USD to make a total payment for the
Goods. L/C shall be opened at least 15 days
before the estimated time of delivery and
shall be valid for 21 days from the delivery
day.
Beneficial: ABC co..
Advising Bank: Korea First Bank
Issuing Bank: Incombank
L/C is payable on the presentation of the
following documents:
- A full set of original clean, on board B/L,
Freight Prepaid
- Commercial Invoice in triplicate
- Certificate of quality by SGS
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- Packing list in triplicate
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Payment:

By Irrevocable Letter of Credit at sight


Buyer shall open an Irrevocable Letter
of Credit at sight in favour of the
Seller through VIETCOMBANK
requiring the following documents for
negotiation:
Full set of Signed commercial Invoice
Full set of Clean on board original Bill
of lading
Certificate of Origin
Certificate of quality/weight issued by
independent supervisor
Certificate of Phytosanitary
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Certificate of Fumigation

7. PACKING AND MARKING

Types of packing:
Bag, gunny bag, paper bag, bale,
barrel, box, case, wooden case,
plywood case, double case,
fiberboard case, carboy, crate,
carton, corrugated carton,
container, drum, package, roll,
sack, tin.
Outer bag, inner bag,
intermediate bag.

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Packing and marking


EXPORT STANDARD

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Packing and marking

Standard Export Seaworthy


Packing

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Packing and marking

These Goods shall be packed in bags


of 50kgs net each, and then the
Goods shall be stuffed in container
20.

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8. WARRANTY
All equipment and accessories under the
Sellers scope of responsibility will be within
12 months warranty by the Manufacturer
from the date of Final Acceptance Report,
but not exceeding 14 months from the date
on Bill of Lading. For consumable items,
components and spare parts, Manufacturers
warranty conditions apply.
During the warranty period, the Seller is
responsible for technical support to help the
Buyer in solving technical problems if the
Goods show any defects. The first line of
technical support shall be by telephone
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9. Inspection

Inspection Report issued by SGS/or


Independent Surveyor at Loading Port
is required. Inspection fee before
loading is on Seller's account.
Re-inspection at unloading port by SGS
or VINACONTROL is on Buyer's account
and result of re-inspection at
unloading port is final for claim (if any)

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10. Force Majeure

The Force Majeure clause of the


International Chamber of Commerce
(ICC publication No:---- ) is hereby
incorporated in this contract.
Either party shall within 24 hours give
notice to the other party of any Force
Majeure event effecting its obligations
under this Contract along with
documentary evidence issued by the
Chamber of Commerce at the place
where the incidence occurred or by the
competent authority connected with
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the cause.

11. CLAIM
In case of non-conformity of the quality of
the products actually delivered by Seller with
the Contract specifications, any claim
concerning the quality of the goods must be
presented to Seller within three months from
the date of delivery
No claims shall be accepted by Seller party
after expiry of the above period.

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12. ARBITRATION

In case of dispute and if the


contracting parties cannot reach an
amicable settlement of any claim
concerning this Contract, the case will
be transferred to the Singapore
International Arbitration Center (SIAC)
in accordance with Singapore law
under ICC rules of arbitration. The
decision taken by this arbitration will
be final. All fees and expenses
incurred from this arbitration shall be
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borne by the losing party.
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12. ARBITRATION

All disputes arising out of or in


relation to this Contract, which is not
reach an amicable agreement between
both parties, shall be finally settled by
the VietNam International Arbitration
Centre (VIAC) at the VietNam Chamber
of Commerce and Industry (VCCI) in
HaNoi in accordance with its
arbitration rules and procedures,
whose award shall be final and binding
by both parties. Arbitration fee and all
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of fees and charges relating to
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12. OTHER TERMS AND CONDITIONS

This Contract comes into effect since


the date of signing and both parties
undertake to execute strictly all the
terms and conditions. All previous
agreements shall become null and
void.
Any changes or amendments to this
Contract shall be made in writing and
subject to prior approval from both
parties.
Singapore law is applicable for this
Contract. The Incoterms 2000 edition
is applicable as terms of delivery.
This contract is made in English

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1. Dunnage and bamboo mat are


for the buyers account
2. Shore tally to be at the Sellers
account
3. Vessels tally to be at the
Buyers account
4. All export duties, taxes, levied
in the country of origin to be at
the Sellers account
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5. The certificate of quality,


weight and packing issued by
Vinacontrol at loading port to
be final and for the Sellers
account.
6. Fumigation to be effected on
board the vessel after
completion of loading with
expenses to be at the Sellers
account.
7. Time for fumigation is not

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8. In case of delay in payment,


Buyer shall remit to Seller
interest calculated from the
date of presentation of
documents to the bank in---- to
the date of effective receipt of
due amount. The interest will
be calculated at Libor rate plus
1 per cent.
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