纯英文购销合同.docx

1、. CONTRACTCONTRACT NO. : OT-LBY-20130126DATE: JAN 26, 2013 THE BUYER: XXXXXXXXcompanyAdd:XXXXXXTel:THE SELLER:Address:XXXXXXXXXXX LIBYATel: XXXXXXXFax: XXXXXXThis Contract is made by and between the Buyer and the Seller, whereby the Buyer agrees to buy and the Seller agrees to sell the under mention

2、ed commodity according to the terms and conditions stipulated below:Total CIF To:XXXXXXTotal Value: Say: Thirty four thousand and four USD fifty two cents.USD 12845.001. COMMODITY:ItemDescriptionUnitQtyPrice（LYD）Total Price(LYD)1.SPARE PART OF UNIMOGEA1325.11325.112SPARE PART OF I / O VIBRATOREA1463

3、9.694639.693 SPARE PART OF I / O VIBRATOREA12172.202172.204SPARE PART OF I / O VIBRATOREA13652.083652.085SPARE PART OF RIGEA12055.922055.926Packing, insurance and freight0.002. PACKING: To be packed in new strong wooden case(s) or in carton(s), suitable for long distance ocean/parcel post/air freigh

4、t transportation and to change of climate, well protected against rough handling, moisture, rain, corrosion, shocks and anti-frozen. The Seller shall be liable for any damage and loss of the commodity and expenses incurred on account of improper packing and for any rust attributable to inadequate or

5、 improper protective measures taken by the Seller in regard to the packing. One full set service and operation instructions concerned shall be enclosed in the case(s). Shipping marks is as following:XXXXX-20130126XXXXXXXX3. TIME OF DELIVERYT:ill 1 weeks CIF after contract signature4. DESTINATION AND

6、 TRANSPORTATION:XXXXXXX companyXXXXXXXTel:XXXXXXConsignee: XXXXXXXXXTransportation:LAND TRANSPORTto XXXXX5. INSURANCE: Under CIF terms, insurance shall be effected by the Seller with Buyer as the beneficiary for 110% ofinvoice value of the goods shipped against all risks.6. PAYMENT: 50% in advance w

7、ith the order , balance by bank remittance at receipt and inspection of the spare parts7. DOCUMENTS:(1) Bill of Lading / Airway Bill(A) In case of sea-freight:Three original clean on board ocean bills of lading marked Freight Prepaid , Contract No. and shipping mark made out to consignee and blank e

8、ndorsed, notifying the Buyer with typing its complete address and telephone number.5. (B) In case of airfreight:( N/A)One original and one copy of airway bill marked Freight to Collect (FCA)”/”Freight Prepaid (CIP and CPT)”, Contract No. and shipping marks and consigned to the Buyer.(2) Invoice sign

9、ed in 2 originals and 2 copies indicating Contract No. and shipping mark (In case of more than one shipment, the invoice shall be issued separately), made out in details as per the relative contract.(3) Packing List in 2 originals and 2 copies issued by the manufacturer with indication of shipping w

10、eight, number of package and date of corresponding invoice.(4) Certificate of Origin in one original and two copies.(5) One copy of e-mail to the Buyer advising particulars of shipment immediately after shipment is made as per the stipulations of Clause 7. In addition, the Seller shall, within 7 day

11、s after shipment, send by registered airmail one set of the aforesaid documents directly to the Buyer.8. GUARANTEE OF QUALITY/ INSPECTION:The Seller guarantees that the commodity hereof is complete Original spare parts for geophysical equipment made by the best materials with first class workmanship

12、, brand new and unused, and complies in all respects with the quality, performance and specifications stipulated in this contract and conforms to the technical manuals of the commodities contracted. Should the quality and specifications of the goods be not in conformity with contract, the Buyer rese

13、rves the right to cancel the contract and to claim against the Seller for all of losses arising therefrom.9. SHIPPING ADVICE:The Seller shall, immediately upon the completion of the loading of the goods, advise by fax/telex the Buyer of the Contract No., commodity, quantity, invoiced value, gross we

14、ight, name of vessel and date of sailing, etc. If any package of which the weight is above 9 metric tons and dimensions reach or exceed 12 meters in length, 2.7 meters in width and 3 meters in height, the Seller shall advise the Buyer of the weight and measurement of each package. The detail of infl

15、ammable and dangerous goods if any, shall also be indicated. In case the Buyer fails to arrange insurance in time due to the Seller not having informed in time, all losses resulting therefor shall be borne by the Seller.10. CLAIMS:Within 90 days after the arrival of the goods at destination, should

16、the quality, specifications, or quantity be found not in conformity with the stipulations of the contract, the Buyer shall have the right to claim for replacement with new goods, or for compensation, and all the expenses (such as inspection charges, freight, insurance premium, storage and loading an

17、d unloading charges, Customs service charges and etc. for returning the goods to the Seller and for sending the replacements to the Endusers plant site) shall be borne by the Seller. As regards quality, the Seller shall guarantee that if, within 18 months from the date of arrival of the goods at des

18、tination, damages occur in the course of operation by reason of inferior quality of bad material or bad workmanship, the Buyer shall notify the Seller immediately in writing and put forward a claim supported by Inspection Certificate issued by local Inspection Branch of the State Administration for

19、Entry-Exit Inspection and Quarantine of Algeria.The Certificate so issued shall be accepted as the base of a claim. The Seller, in accordance with the Buyers claim shall be responsible for the immediate elimination of the defect(s), complete or partial replacement of the commodity or shall devaluate

20、 the commodity according to the state of defect(s). Where necessary, the Buyer shall be at liberty to eliminate the defect(s) himself at the Sellers expenses. If the Seller fails to answer the Buyer within one month after receipt of the aforesaid claim, the claim shall be regarded as having been acc

21、epted by the Seller.11. FORCE MAJEURE:Neither party shall be held responsible for failure or delay to perform all or any part of this Contract due to war, serious fire, flood, typhoon and earthquakes or other events that are unforeseeable at the time of the execution of this Contract and could not b

22、e controlled, avoided or overcome by such party. However, the party whos performance is affected by the event of Force Maijeure shall give a notice to the other party of its occurrence as soon as possible and a certificate or a document of the occurrence of the Force Majeure event issued by the Comp

23、etent Government Authorities, or the Registered Notary Public shall be sent to the other party not later than fourteen days after its occurrence. Under such circumstances, however, either party is still under the obligation to take all necessary measures to expedite the execution of the contract. In

24、 case the accident lasts for more than 10 weeks, either party shall have the right to cancel the contract.12. LATE DELIVERY AND PENALTY:Should the Seller fail to make delivery on time as stipulated in the contract, with exception of Force Majeure causes specified in Clause 11 of this contract, the B

25、uyer shall agree to postpone the delivery on condition that the Seller agrees to pay a penalty which shall be deducted by the paying bank from the payment. The penalty, however, shall not exceed 5% of the total value of the goods involved in the delivery. The rate of penalty is charged at 0.5% for e

26、very 7 days, odd days less than 7 days should be counted as 7 days. In case the Seller fails to make delivery 10 weeks later than the time of shipment stipulated in the contract, the Buyer shall have the right to cancel the contract. If the contract is canceled for late delivery, the Seller, in spit

27、e of the cancellation, shall still pay the aforesaid penalty to the Buyer without delay, and also shall indemnify the Buyer for the interest loss and bank service fees.13. ARBITRATION:All disputes in connection with this contract or the execution thereof shall be settled friendly through negotiation

28、s. In case no settlement can be reached, the case may then be submitted for arbitration to China International Economic and Trade Arbitration Commission and the arbitration rules of this Commission shall be applied. The arbitration shall take place in Beijing and the decision of the Arbitration Comm

29、ittee shall be final and binding upon both parties; neither party shall seek recourse to a law court nor other authorities to appeal for revision of the decision. Arbitration fee shall be borne by the losing party.14. EFFECTIVENESS OF CONTRACT:(Proposal A) This contract shall come into force from th

30、e date of signature of this contract by both parties. (Proposal B) The present contract is signed by representatives of both parties. The Buyer and Seller shall apply totheir respective authorities for the ratification. The later date of ratification either by the Seller or by the Buyer shall be tak

31、en as the date of coming into force of the contract. However, both parties shall make efforts to get the ratification within 60 days.Each party shall inform the other of such ratification by fax and confirm by letter. In case the present contract can not be ratified within 3 months from the date of

32、signing the present contract, either party has the right to cancel the contract.15. INCOTERMS:Unless otherwise stipulated in this Contract, the terms and conditions of this Contract shall be interpreted in accordance with the International Rules for the Interpretation of Trade Terms (INCOTERMS 1990) provided by International Chamber of Commerce, International Chamber of Commerce Publication No.460.16. QUARANTINE OF PACKAGING MATERIALS:The Seller is obliged