purchase CONTRACT样本.docx

purchase CONTRACT样本CONTRACT Contract No. Date : Telex No. Concluded at： Cable Address: The Buyers： THE Seller： This contract is made by and between the Buyers and the Sellers, whereby the Buyers agree to buy and the Sellers agree to sell the undermentioned goods on the terms and conditions stated below: Name of Commodity ， Specifications， Country of Origin， Manufacturers， Packing Terms and Shipping Marks Total Amount Time of Shipment Quantity Unit Price The heat number , gross % more and net weight, package or less number , measurement allowed Monthly quantity should be delivered in one shipment with no partial shipment allowed and the following Shipping on each Mark shall be stenciled with unfading pigment on each package: Contract No. - Port of Destination (6） Port of Loading : Port of Destination; item Terms of Payment: Upon receipt from the Sellers of the advice as to the time and quantity expected ready for shipment, the Buyers shall open, 20 days before shipment, with a bank in China, an irrevocable Letter of Credit in favour of the Sellers payable by the documents as stipulated in Clause(9) of this Contract. Documents: To facilitate the Buyers to check up, all documents shall be made in a version identical to that used in this Contract. A. B/L marked "freight prepaid" if based on CIF B. Invoice; indicating Contract No., Shipping Marks name of carrying vessel, number of the Letter of Credit and shipment number in case of partial shipments. C. Packing List and/or Weight Memo; indicating Contract No., Shipping Marks, heat number, gross and net weights of each package. (10) Terms of Shipment: Terms of CIF Delivery: the Sellers shall undertake to ship the contracted goods from the port of loading to the port of destination on a direct liner, with no transshipment allowed. (11)Advice of Shipment: The Sellers shall, upon completion of loading, advise the Buyers within 24 hours by telex of Contract No. ,name of commodity ,number of packages, gross and net weights, invoice value, name of vessel and loading date. (12) Insurance: To be covered by the Buyers from the time when the goods have passed the rail of the vessel. For this purpose the Sellers shall advise the Buyers by telex of the particulars as called for in Clause(11)of this Contract. In the event of the Buyers being unable to arrange for insurance in consequence of the Sellers' failure to send the above advice, the Sellers shall be held responsible for all the losses thus sustained by the Buyers. (13)Inspection and Claims: The Buyers shall have the right to apply to the Import and Export Commodity Inspection Bureau of the People's Republic of China (CCIB)/China Import and Export Commodity Inspection Corporation(CCIC)for inspection after discharge of the goods at the port of destination. Should the quality and/or quantity/weight be found not in conformity with the contract or invoice or quality certificate, the Buyers shall be entitled to lodge claims with the Sellers on the basis of CCIB/CCIC's inspection certificate within 90 days after discharge of the goods at the port of destination, with the exception, however, of those claims for which the shipping company and/or the insurance company are to be held responsible. All expenses incurred on the claim including the inspection fees are to be borne by the Sellers. Force Majeure: In case of Force Majeure, the Sellers shall not be held responsible for delay in delivery or non-delivery of the goods but shall notify immediately the Buyers by telex and deliver to the Buyers by registered mail a certificate issued by government authorities or chamber of commerce as evidence thereof: If the shipment is delayed over one month as the consequence of the said Force Majeure, the Buyers shall have the right to cancel this Contract. Sellers' inability in obtaining export licence shall not be considered as Force Majeure. Delayed Delivery and Penalty: Should the Sellers fail to effect delivery on time as stipulated is this Contract owing to causes other than Force Majeure as provided for in Clause (14)of this Contract, the Buyers shall have the right to cancel the relative quantity of the contract. Or, alternatively, the Sellers may, with the Buyers' consent, postpone delivery on payment of penalty to the Buyers. The Buyers may agree to grant the Sellers a grace period of 15 days. Penalty shall be charged at the rate of 1% of the total value for every 10 days, odd days less than 10 days should be counted as 10 days, The total penalty shall be calculated from the l6th day and shall not exceed 5% of the total value of the goods involved. Arbitration: All disputes in connection with this Contract or the execution thereof shall be settled by friendly negotiation. If no settlement can be reached, the case in dispute shall then be submitted for arbitration to the China International Economic and Trade Arbitration Commission in accordance with its Rules of Arbitration. The decision made by the Commission shall be accepted as final and binding upon both parties. The fees for arbitration shall be borne by the losing party unless otherwise awarded by the Commission. The Contract is concluded in Chinese and English with equal authentic. Additional Clause: If any of the above-mentioned Clause(s) is/are inconsistent with the following additional clause(s), the latter shall be taken as authentic. THE BUYERS: THE SELLERS: