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(original)                                      合    同                              Contract No：

                                           CONTRACT                          Date:

                                                                    Revised Date:

THE BUYER：                                             TEL:                   FAX:

THE SELLER:                                               TEL:                 FAX:

The Seller agrees to sell and the Buyer agrees to buy the under mentioned goods on the terms and conditions stated below:

5 Delivery time: After the order in effect via sea freight direct to     seaport, and arriving at      seaport on or before: XXX.   

  Final destination of Products:

6 Term of payment:

  The seller’s bank information

   Beneficiary:                            Bank Name:

ACCOUNT:                            SWIFT NO.:

ADD.:

7 Packing：The packing of the goods shall be preventive from dampness, rust, moisture, erosion and shock, and shall be suitable for ocean transportation/ multiple transportation. The Seller shall be liable for any damage and loss of the goods attributable to the inadequate or improper packing. The measurement, gross weight, net weight and the cautions such as "Do not stack up side down", "Keep away from moisture", "Handle with care" shall be stenciled on the surface of each package with fadeless pigment.  

8 Shipping Marks:

9 Insurance: To be covered by the seller for 110% of invoice value against all risks and war risk as per the

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Clause of the People’ Insurance Co. of China./To be covered by the Buyers.

10 Inspection：

（！）The manufacturers shall, before delivery, make a precise and comprehensive inspection of the goods with regard to its quality, specifications, performance and quantity/weight, and issue inspection certificates certifying the technical data and conclusion of the inspection.

(2) The Seller shall have the goods inspected by 7 days before the shipment and have the Inspection Certificate issued by China Commodity Inspection Bureau.

                                                                                                 

11 Quality Guarantee: The Seller shall guarantee that the commodity must be in conformity with the quantity, specifications and quantity specified in this Contract and Letter of Quality Guarantee. The guarantee period shall be ______ months after the arrival of the goods at the port of destination, and during the period the Seller shall be responsible for the damage due to the defects in designing and manufacturing of the manufacturer.

12. Claim: The buyer shall make a claim against the Seller (including replacement of the goods) by the further inspection certificate and all the expenses incurred there from shall be borne by the Seller. The claims mentioned above shall be regarded as being accepted if the Seller fail to reply within ______days after the Seller received the Buyer's claim.

13.Late delivery and Penalty: Should the Seller fail to make delivery on time as stipulated in the Contract, with the exception of Force Majeure causes specified in Clause 14 of this Contract, the Buyer shall agree to postpone the delivery on the condition that the Seller agree to pay a penalty. The rate of penalty is charged at______% for every ______ days, odd days less than _____days should be counted as ______ days. But the penalty, however, shall not exceed_______% of the total value of the goods involved in the delayed delivery. In case the Seller fail to make delivery ______ days later than the time of shipment stipulated in the Contract, the Buyer shall have the right to cancel the Contract and the Seller, in spite of the cancellation, shall nevertheless pay the aforesaid penalty to the Buyer without delay. The buyer shall have the right to lodge a claim against the Seller for the losses sustained if any.     

 

   14 Force Majeure: The Seller shall not be held responsible for failure or delay in delivery of the entire or portion of the goods under this contract in consequence of any Force Majeure incidents.

15 Arbitration: All disputes in connection with this Contract or the execution thereof shall be settled through friendly negotiations. If no settlement can be reached, the case shall then be submitted to the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade, Beijing, for settlement by arbitration in accordance with the Commission’s Provisional Rules of Procedure. The award rendered by the Commission shall be final and binding on both parties. The arbitration expenses shall be borne by the losing party unless otherwise award by the arbitration organization.

16 Other requirements:

(1) TECHNICAL DOCUMENTS:

17 REMARLS：

This Contract is made out in two original copies, one copy to be held by each party in witness thereof

The Buyers:                                   The Sellers:　　　　　　　　　　　　　　　　　

第二篇：海外项目采购合同模板(设备类)---英文版

P1/3 (original)

Contract No：

CONTRACT Date:

Revised Date:

THE BUYER： TEL: FAX:

THE SELLER: TEL: FAX:

The Seller agrees to sell and the Buyer agrees to buy the under mentioned goods on the terms and conditions

before: XXX.

Final destination of Products: 6Term of payment:

The seller’s bank information卖方的银行信息

Beneficiary: Bank Name: ACCOUNT: SWIFT NO.: ADD.:

7 Packing：The packing of the goods shall be preventive from dampness, rust, moisture, erosion and shock, and shall be suitable for ocean transportation/ multiple transportation. The Seller shall be liable for any damage and loss of the goods attributable to the inadequate or improper packing. The measurement, gross weight, net weight and the cautions such as "Do not stack up side down", "Keep away from moisture", "Handle with care" shall be stenciled on the surface of each package with fadeless pigment.

8 Shipping Marks:

9 Insurance: To be covered by the seller for 110% of invoice value against all risks and war risk as per the Clause of the People’ Insurance Co. of China./To be covered by the Buyers.

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10 Ownership and Risk: The ownership and risk transferred when the buying parties receiving and unpacking inspection. But if the buying parties reject or rescind the contract, the risks of damage and loss should be borne by the supplier.

11I Inspection：

(1) The manufacturers shall, before delivery, make a precise and comprehensive inspection of the goods with regard to its quality, specifications, performance and quantity/weight, and issue inspection certificates certifying the technical data and conclusion of the inspection.

(2) The Seller shall have the goods inspected by 7 days before the shipment and have the Inspection Certificate issued by China Commodity Inspection Bureau.

12 Guarantee: The Seller shall guarantee that the goods are made of good materials, with standard process, brand new unused and correspond in all respects with the quality, specifications and performance as stipulated in this Contract. The Sellers shall also guarantee that the goods, when correctly mounted and properly operated and maintained, will give satisfactory performance for a period of 15 months starting from the date on which the goods arrive at the site. If the goods have quality issue at _____ months, the seller should take all responsibility to replace rework or return the rejects free of charge.

13. Claim: If the seller provide the goods can not meet the requirements based on the data sheet and the drawing in the contract mentioned, The buyer shall make a claim against the Seller to replace the goods or reject the goods and the Seller shall bear twice times the penalty payment as much as the amount of contract。The claims mentioned above shall be regarded as being accepted if the Seller fail to reply within ______days after the Seller received the Buyer's claim.

13. Late delivery and Penalty: Should the Seller fail to make delivery on time as stipulated in the Contract, with the exception of Force Majeure causes specified in Clause 14 of this Contract, the Buyer shall agree to postpone the delivery on the condition that the Seller agree to pay a penalty. The rate of penalty is charged at______% for every ______ days, odd days less than _____days should be counted as ______ days. But the penalty, however, shall not exceed_______% of the total value of the goods involved in the delayed delivery. In case the Seller fail to make delivery ______ days later than the time of shipment stipulated in the Contract, the Buyer shall have the right to cancel the Contract and the Seller, in spite of the cancellation, shall nevertheless pay the aforesaid penalty to the Buyer without delay. The buyer shall have the right to lodge a claim against the Seller for the losses sustained if any.

14 Force Majeure: The Seller shall not be held responsible for failure or delay in delivery of the entire or portion of the goods under this contract in consequence of any Force Majeure incidents.

15 Confidentiality obligations: The seller shall not disclose or make public any confidential information to a third party. If disclose, the seller should burden all the lost resulting from it.

16Arbitration: All disputes in connection with this Contract or the execution thereof shall be settled through

friendly negotiations. If no settlement can be reached, the case shall then be submitted to the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade, Beijing, for settlement by arbitration in accordance with the Commission’s Provisional Rules of Procedure. The award rendered by the Commission shall be final and binding on both parties. The arbitration expenses shall be borne by the losing party unless otherwise award by the arbitration organization.

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17 Other requirements:

(1) TECHNICAL DOCUMENTS

18REMARLS：

This Contract is made out in two original copies, one copy to be held by each party in witness thereof

The Buyers: The Sellers: