国际贸易进出口英文合同范本

国际贸易进出口英文合同范本

SALES CONTRACT (ORIGINAL)

This Sales Contract is made by and between the Sellers

and the Buyers whereby the Sellers agree to sell and t

he Buyers agree to buy the under —mentioned goods ac

cording to the terms and conditions stipulated below:

commodity,

Specifications,

Packing term

(max.) 25% Admixture (max.) 0.25% Packed in gunny bags of 50 kilos each Shipment 3% more or less at Seller's option and the price

shall be calculated according to the unit price To be designated by the Sellers / At the Sellers' option.

保险条款： Insurance

在FOB, CFR 合同下，保险条款可订为：

Insurance to be covered by the Buyer.

在CIF 合同下，保险条款可订为：

Insurance to be covered by the Sellers for 110% of the invoice value against

Contract No. Date: Signed at: Sellers: Address: Tel: Fax: E-mail: Buyers: Address:

Tel:

Fax: E-mail: Name of the

Quantity Unit price Total 约首: Amount White Rice,

1 000 M/T USD 200 per Two hundred Long-shaped

Broken Grains M/T C1F New York thousand US Dollars only

吱头: Shipping Mark

W.P.A / All Risks / War Risk including shortage in weight as per and subj ect to the Ocean Marine Carge Clauses of the People's Insurance Company of China dated Jan. 1, 1981. If other coverage or an additional insurance is required, the Buyers must have the consent of the Sellers before shipment, a nd the additional premium is to be borne by the Buyers.

装运条款：Shippment

Time of Shipment: during Feb./Mar. 2005 in two equal monthly lots Port of

loading / shipment :

Port of deslinalion :London. Transhipment at HongKong allowed.

The carrying vessel shall be provided by the sellers. Partialshipment an d

transshipment are allowed. After loading is completed, the seller sh all

notify the buyers by cable of the contract number, name of comm odity,

name of the caning vessel and date of shipment.

付款条件：Terms of Payment

The Buyers shall open with a acceptable to the Sellers an Irrevocable Sight

Letter of Credit to reach the Sellers 3() days before the month of shipment,

valid for negolialion in China until lhe 15lh day after th e month of shipment.

( Export )

By Irrevocable Letter of Credit for 90% the total invoice value of the goods tb

be shipped, in favour of the Sellers, payable at the issuing bank against lhe

Sellers, draft at sight accompanied by lhe shipping d ocuments stipulated in

the Credit. The balance of 10% of the proceed s is to be paid only after the

goods have been inspected and approve

d at th

e port o

f destination. ( Import )

By confirmed, irrevocable Letter of Credit in favor o9f the Sellers pa yable at

sight against Presentation of shipping documents in China , with partial

shipments and transshipment allowed. The covering Letter of Credit must

reach the Sellers 15 days before the contracted mont h of shipment6 and

remain valid in the above loading porl until the 15,h day after shipment , failing

which the Sellers reserve the right to cancel the contract without further notice

and to claim against the B uyers for any loss resulting there from.

To be effeced by documentary draft under D / A terms.

Payment shall be made by documentary draft to be payable under D / P terms. 交货条件：Delivery Terms

Certificates of Quality, Quantity, Weight and Qrigin are required. The Buyers

have the right to have the goods re一inspected by the Guangz hou Entry—

Exit Inspection and Quarantine Bureau of the People's Re public of China at

the prt fo discharge. The relevant Inspection Certi gficates may serve as the

basis of any claim to be lodged by the Bu yers against the Sellers.

检验条款：Commodity Inspection

Il is mutually agreed that he Certificate of Quality and Weight issued by

-------- ( eg: China Entry-Exit Inspection and Quarantine Bureau ) / s

urveyor at the port of shipment shall be ( taken as the basis of deliv ery. ) /

part of the documents to be presented for negotiation under t he relevant

weight of the cargo. The re—inspeclion fee shall be born e by the Buyer. The

claim with the cargo, if any, shall be lodged to the Seller within days after

arrival of the cargo at the port of destination.

索赔条款：Discrepancy and Claim

Any claim by the Buyers regarding the cargo shall be supported by su rvey

report issued by a surveyor approved by the Seller and lodged within 45 days

after the arrival of the cargo at the port of destinaton.

The Seller will not consider claims in respect of matters within resp

onsibility of insurance company or shipping company.

Should the Seller fail to make delivery on time, the buyer shal

1 agree to postpone the delivery on the conditon that the Seller agree s of pay

a penalty which shall be deducted by the paying bank at th e time of paymenl.

The rate of penalty is charged at 0.5% of the lot al value of the cargo whose

delivery has been delayed for every wee k, odddays less than a week should

be counted as a week. But the t otal amount of penalty shall not exceed 5% of

the total value of the cargo involved in the late delivery. In case the Seller fail

ol make de livery 10 weeks later than the time of shipment stipulated on the

con tract, the Buyer shall havbe the right to cancel the contract and the S eller

shall still pay the aforesaid penalty to the Buer without delay.

Quality / Quantity Discrepancy and Claim:

In case the quality and/or quantity / weight are found the Buyers to be not in

conformity with the Contract after arrival of the goods at t he port of

destination, the Buyers may lodge claim with the Sellers s upported by

survey report issued by an inspection organizaiton agreed upon by both

parties, with the exception, however, of those claims f or which the

insurance company and/or the shipping company are tob e held responsible.

Claim for quality discrepancy should be filed by I he Buyers within 3() days

after arrival of the goods at the port of de stination, while for quantity/weight

discrepancy claim should be filed by the Buyers within 15days after arrival

of the goods at port of dest ination. The Sellers shall, within 30 days after

receipt of the notificati on of the claim, aend reply to the Buyers.

索赔期限：Validity of Claim

The Buyers have the rihgt to lodge claims for all losses sustained wit hin 60

days after discharge of the goods at the port of destination.

综合式不可抗力条款：Force Majure

The Seller shall not be held responsible for late delivery or non一deliv ery of

the goods due to flood, fire, earthquake, snowstorm, drought, h

ailstorm,hurricane, or other events that are beyond the control of the Seller.

But the Seller shall notify the Buyer by cabel as soon as poss ible and give the

Buyer a certificate by6 registered mail issuedd by t he China Council for the

Promotion of International Trade or other c ompetent authorities.

If shipment of the contracted goods is prevented or delayed in whole or in

part due to Force Majeure, the Sellers shall not be liable for non—shipment

or late shipment of the goods under this Contract. Ho wever , the seller shall

notify the Buyers by fax or telex and furnish the latter within 15 days by

registered airmail with a certificate issu ed by the competent authorities at

the place of occuiTence attesting su ch event or events.

仲裁条款：Arbitration

规定在我国仲裁的条款：

All disputes in connection with or arising from the contract shall be set tied

amicably through negotiation. In case no settlement can be reached between

the two parties, the case shall be submitted to the China inter mational

Economic and Trade Arbitration Commission, Beijing for arbitr aiton in

accordance with its Rules of Arbitration. The arbitral award is final and

binding upon both parties. The arbitration fee shall be borne b y the losing

party unless otherwise awarded by the arbitration court.

规定在被诉方仲裁的条款：

All disputes in connection with or arising from the contract shall be se ttled

amicably through negotiation. In case no settlement can be reach ed

betweenthe two parties, the case shall be submitted for arbitration.

The location of arbitration shall be in the country of thew domicile of the

defendant. If in China, the arbitration shall be conducted by th e Cjhinea

International Economic and Trade Arbitratiton. If in ----------------------- , th

e arbitration shall be conducted by --------- i n accordance with its arbitral

rules. The arbitral award is final and binding upon both parties. The

arbitration fee shall! be borne by the losing paryt unless otherwise aw arded

bythe arbitration court.

规定在第三国仲裁的条款：

All disputes in connection with or arising from the contract shall be se ttled

amicably through negotiation. In case no settlement can be reach ed between

the two parties, the case shall be submitted to --------------------------- for arb

itration in accordance with its Rules of Arbitration. The arbitral award is final

and binding upon both parties. The arbitration fee shall be b ome by the losing

party unless otherwise awarded bythe arbitration co U11.

适用法律：Governing Law

This contract shall be govenied by the laws of the People's Republic of China. 定金条款：Earnest money

The Buyer shall pay —% of the total value of the cargo by T/T to th e Seller

as (he earnest money. In the case that the Buyer fulfilled the obligations in the contract, the earnest money shall be deducted by t he paying bank at the time

of payment. Otherwise the earnest money

shall not be returned. In the case that the Seller failed to fulfill any obligation

the the contract, the Seller shall pay twice the earnest mo ney to the Buyer.

Others

其他：

Buyer:

Seller: