Purchase Contract.doc

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1、Purchase Contract(Contract No.): _(Date) :_(Signed at) :_The Buyer:_Address: _(Tel):_(Fax):_(E-mail):_The Seller:_Address: _(Tel):_(Fax):_(E-mail):_The Seller and the Buyer agree to conclude this Contract subject to the terms and conditions stated below: 1.（Name, Specifications and Quality of Commod

2、ity）： 2.（Quantity）： （_% more or less allowed） 3.（Unit Price）：_4.（Total Amount）：_5. (Terms of Delivery) FOB/CFR/CIF_6. (Country of Origin and Manufacturers):_7.（Packing）：_ The packing of the goods shall be preventive from dampness, rust, moisture, erosion and shock, and shall be suitable for ocean tr

3、ansportation/ 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

4、stenciled on the surface of each package with fadeless pigment. 8.（Shipping Marks）：_ 9.（Time of Shipment）：_ 10.（Port of Loading）：_ 11.（Port of Destination）：_12.（Insurance）：_Insurance shall be covered by the _ for 110% of the invoice value against _ Risks and _ Additional Risks.13.（Terms of Payment）：

5、 (1) Letter of Credit: The Buyer shall, _ days prior to the time of shipment /after this Contract comes into effect, open an irrevocable Letter of Credit in favor of the Seller. The Letter of Credit shall expire _ days after the completion of loading of the shipment as stipulated. (2) Documents agai

6、nst payment: After shipment, the Seller shall draw asight bill of exchange on the Buyer and deliver the documents throughSellers bank and _ Bank to the Buyer against payment, i.e D/P.The Buyer shall effect the payment immediately upon the first presentation of the bill(s) of exchange. (3) Documents

7、against Acceptance: After shipment, the Seller shall draw a sight bill of exchange, payable_ days after the Buyers delivers the document through Sellers bank and _Bank to the Buyer against acceptance (D/A _ days). The Buyer shall make the paymentondate of the bill of exchange. (4) Cash on delivery (

8、COD): The Buyer shall pay to the Seller total amount within _ days after the receipt of the goods (This clauseis not applied to the Terms of FOB, CFR, CIF). 14.（Documents Required）： The Seller shall present the following documents required to the bankfor negotiation/collection: (1) Full set of clean

9、 on board Ocean/Combined Transportation/Land Bills of Lading and blank endorsed marked freight prepaid/ to collect; (2) Signed commercial invoice in _copies indicating Contract No., L/C No. (Terms of L/C) and shipping marks; (3) Packing list/weight memo in _ copies issued by_；(4) Certificate of Qual

10、ity in _ copies issued by_； (5) Certificate of Quantity in _ copies issued by_； (6) Insurance policy/certificate in _ copies (Terms of CIF)； (7) Certificate of Origin in _ copies issued by_； (8) (Shipping advice): The Seller shall, within _ hours after shipment effected, send by courier each copy of

11、 the above-mentioned documents No. . 15.（Terms of Shipment）： (1) The Seller shall, 30 days before the shipment date specified in the Contract, advise the Buyer by _ of the Contract No., commodity, quantity, amount, packages, gross weight, measurement, and the date of shipment in order that the Buyer

12、 can charter a vessel/book shipping space. In the event of the Sellers failure to effect loading when the vessel arrives duly at the loading port, all expenses includingdead freight and/or demurrage charges thus incurred shall be for the Sellers account. (2) The Seller shall ship the goods duly with

13、in the shipping duration from the port of loading to the port of destination. Under CFR terms,the Seller shall advise the Buyer by _ of the Contract No., commodity, invoice value and the date of dispatch two days before the shipment for the Buyer to arrange insurance in time. 16.（Shipping Advice）： T

14、he Seller shall, immediately upon the completion of the loading of the goods, advise the Buyer of the Contract No., names of commodity, loading quantity, invoice values, gross weight, name of vessel and shipment date by _ within _hours. 17.（Quality Guarantee）： The Seller shall guarantee that the com

15、modity must be in conformity with the quatity, 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

16、 due to the defects in designing and manufacturing of the manufacturer.18.（Inspection）： (1) The Seller shall have the goods inspected by _ days before the shipment and have the Inspection Certificate issued by_. The Buyer may have the goods reinspected by _ after the goods?rrival at the destination.

17、 (2) 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.After arrival of the g

18、oods at the port of destination, the Buyer shall apply to China Commodity Inspection Bureau (hereinafter referred toas CCIB) for a further inspection as to the specifications and quantity/weight of the goods. If damages of the goods are found, or the specifications and/or quantity are not in conform

19、ity with the stipulations in this Contract, except when the responsibilities lies with Insurance Company or Shipping Company, the Buyer shall, within _ days after arrival of the goods at the port of destination, claim against the Seller, or reject the goods according to the inspection certificate is

20、sued by CCIB. In case of damage of the goods incurred due to thedesign or manufacture defects and/or in case the quality and performance are not in conformity with the Contract, the Buyer shall, duringthe guarantee period, request CCIB to make a survey. 19.（Claim）： The buyer shall make a claim again

21、st the Seller (including replacement of the goods) by the further inspection certificate and all the expenses incurred therefrom 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 Buyers

22、claim.20.（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 21 of this Contract, the Buyer shall agree to postpone the delivery on the condition that the Seller agree to pay a pena

23、lty which shall be deducted by the paying bank from the payment under negotiation. 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

24、. 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 andthe Seller, in spite of the cancellation, shall nevertheless pay the aforesaid penalty to the Buyer without delay. The buyer shall ha

25、ve the right to lodge a claim against the Seller for the losses sustained if any. 21.（Force Majeure）： The Seller shall not be responsible for the delay of shipment or non-delivery of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading or

26、transit. The Seller shall advise the Buyer immediately of the occurrence mentioned above and within_ days thereafter the Seller shall send a notice by courier to the Buyer for their acceptance of a certificate ofthe accident issued by the local chamber of commerce under whose jurisdiction the accide

27、nt occurs as evidence thereof. Under such circumstances the Seller, however, are still under the obligation to take allnecessary measures to hasten the delivery of the goods. In case the accident lasts for more than _ days the Buyer shall have the rightto cancel the Contract. 22. (Arbitration): Any

28、dispute arising from or in connection with the Contract shall be settled through friendly negotiation. In case no settlement is reached,the dispute shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC),Shenzhen Commission for arbitration in accordance with its

29、rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. 23.（Notices): All notice shall be written in _ and served to both parties by fax/courier according to the following addresses. If any changes of theaddresses occur, one party shall inf

30、orm the other party of the changeof address within _days after the change. 24.The terms FOB、CFR、CIF in the Contract are based on INCOTERMS 2000 of the International Chamber of Commerce. 25. (Additional clause)： Conflicts between Contract clause hereabove and this additional clause, if any, it is sub

31、ject to this additional clause. This Contract is executed in two counterparts each in Chinese and English, each of which shall deemed equally authentic. This Contract is in _ copies, effective since being signed/sealed by both parties.26.Representative of the Buyer (Authorized signature):_Representative of the Seller (Authorized signature):_