一般货物进口合同中英文.docx
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一般货物进口合同中英文
一般货物进口合同(中英文)
PURCHASE CONTRACT
Contract No:
Date:
The Buyer:
The Seller:
The Contract, made out, in Chinese and English, both version being equally
authentic, by and between the Seller and the Buyer whereby the Seller agrees to sell
and the Buyer agress to buy the undermentioned goods subject to terms and conditions
set forth hereinafter as follows:
SECTION 1
1 Name of Commodity and Specification
2 Country of Origin & Manufacturer
3 Unit Price (packing charges included)
4 Quantity
5 Total Value
6 Packing (seaworthy)
7 Insurance (to be covered by the Buyer unless otherwise)
8 Time of Shipment
9 Port of Loading
10 Port of Destination
11 Shipping Mark:
The shipping mark is shown as below in addition to the port of destination,
package number, gross and net wights, measurements and other marks as the Buyer
may require stencilled or marked conspicuously with fast and unfailing pigments on
each package. In the case of dangerous and/or poisonous cargo (es), the Seller is
obliged to take care to ensure that the nature and the generally adopted symbol shall be
marked conspicuously on each package.
12 Terms of Payment:
One month prior to the time of shipment the Buyer shall open with the Bank of
______an irrevocable Letter of Credit in favour of the Seller payable at the issuing bank
against presentation of documents as stipulated under Clause 18. A. of SECTION II,
the Terms of Delivery of this Contract after departure of the carrying vessel. The said
Letter of Credit shall remain in force till the 15th day after shipment.
13 Other Terms.
Unless otherwise agreed and accepted by the Buyer, all other matters related to
this contract shall be governed by Section II, the Terms of Delivery which shall form
an integral part of this Contract. Any supplementary terms and conditions that may be
attached to this Contract shall automatically prevail over the terms and conditions of
this Contract if such supplementary terms and conditions come in conflict with terms
and conditions herein and shall be binding upon both parties.
SECTION 2
14 FOB/FAS TERMS
14.1 The shipping space for the contracted goods shall be booked by the Buyer
or the Buyers shipping agent__________.
14.2 Under FOB terms, the Seller shall undertake to load the contracted goods
on board the vessel nominated by the Buyer on any date notified by the Buyer, within
the time of shipment as stipulated in Clause 8 of this Contract.
14.3 Under FAS terms, the Seller shall undertake to deliver the contracted goods
under the tackle of the vessel nominated by the Buyer on any date notified by the
Buyer, within the time of shipment as stipulated in Clause 8 of this Contract.
14.4 10-15 days prior to the date of shipment, the Buyer shall inform the
Seller by cable of telex of the contract number, name of vessel, ETA of vessel,
quantity to be loaded and the name of shipping agent, so as to enable the Seller to
contact the shipping agent directly and arrange the shipment of the goods. The Seller
shall advise by cable or telex in time the Buyer of the result thereof. Should, for
certain reasons, it become necessary for the Buyer to replace the named vessel with
another one, or should the named vessel arrive at the port of shipment earlier or later
than the date of arrival as previously notified to the Seller, the Buyer or its shipping
agent shall advise the Seller to this effect in due time. The Seller shall also keep in
close contact with the agent or the Buyer.
14.5 Should the Seller fail to load the goods on board or to deliver the goods
under the tackle of the vessel booked by the Buyer. Within the time as notified by the
Buyer, after its arrival at the port of shipment the Seller shall be fully liable to the
Buyer and responsible for all losses and expenses such as dead freight, demurrage,
and consequential losses incurred upon and/or suffered by the Buyer.
14.6 Should the vessel be withdrawn or replaced or delayed eventually or the
cargo be shut out etc. , and the Seller be not informed in good time to stop delivery
of the cargo, the calculation of the loss in storage expenses and insurance premium
thus sustained at the loading port shall be based on the loading date notified by the
agent to the Seller (or based on the date of the arrival of the cargo at the loading port
in case the cargo should arrive there later than the notified lading date ). The
abovementioned loss to be calculated from the 16th day after expiry of the free storage
time the port should be borne by the Buyer with the exception of Force Majeure.
However, the Seller shall still undertake to load the cargo immediately upon the
carry vessels arrival at the loading port at its own risk and expenses. The payment
of the afore-said expenses shall be effected against presentation of the original
vouchers after the Buyers verification.
15 C&F Terms
15.1The Seller shall ship the goods within the time as stipulated in clause 8 of.
this Contract by a direct vessel sailing from the port of loading to China port.
Transhipment on route is not allowed without the Buyers prior consent. The goods
shall not be carried by vessels flying flags of countries not acceptable to the Port
Authorities of China.
15.2 The carrying vessel chartered by the Seller shall be seaworthy and
cargoworthy. The Seller shall be obliged to act prudently and conscientiously when
selecting the vessel and the carrier when chartering such vessel. The Buyer is justified
in not accepting vessels chartered by the Seller that are not members of the PICLUB.
15.3 The carrying vessel chartered by the Seller shall sail and arrive at the port of
destination within the normal and reasonable period of time. Any unreasonable
aviation or delay is not allowed.
15.4 The age of the carrying vessel chartered by the Seller shall not exceed 1,5
years. In case her age exceeds 15 years, the extra average insurance premium thus
incurred shall be borne by the Seller. Vessel over 20 years of age shall in no event be
acceptable to the Buyer.
15.5 For cargo lots over 1,000 M/T each, or any other lots less than 1,000
metric tons but identified by the Buyer, the Seller shall, at least 10 days prior to the
date of shipment, inform the Buyer by telex or cable of the following information:
the contract number, the name of commodity, quantity, the name of the carrying
vessel, the age, nationality, and particulars of the carrying vessel, the expected
date of loading, the expected time of arrival at the port of destination, the name,
telex and cable address of the carrier.
15.6 For cargo lots over 1,000 M/T each, or any other lots less than 1,000
metric tons but identified by the Buyer, the Master of the carrying vessel shall notify
carrying vessel must be classified as the highest or equivalent class as per the
Institute Classification Clause and shall be so maintained throughout the duration of
the relevant Bill of Lading. Nevertheless, the maximum age of the vessel shall not
exceed 20 years at the date of loading. The seller shall bear the average insurance
premium for liner vessel older than 20 years. Under no circumstances shall the Buyer
accept vessel over 25 years of age.
15.8 For break bulk cargoes, if goods are shipped in containers by the Seller
without prior consent of the Buyer, a compensation of a certain amount to be agreed
upon by both parties shall be payable to the Buyer by the Seller.
15.9 The Seller shall maintain close contact with the carrying vessel and shall
notify the Buyer by fastest means of communication about any and all accidents that
may occur while the carrying vessel is on route. The Seller shall assume full
responsibility and shall compensate the Buyer for all losses incurred for its failure to
give timely advice or notification to the Buyer.
16 CIF Terms:
Under CIF terms, besides Clause 15 C&F Terms of this contract which shall be
applied the Seller shall be responsible for convering the cargo with relevant insurance
with irrespective percentage.
17 Advice of Shipment:
Within 48 hours immediately after completion of loading of goods on board the
vessel the Seller shall advise the Buyer by cable or telex of the contract number, the
name of goods, weight (net/gross) or quantity loaded, invoice value, name of
vessel, port of loading, sailing date and expected time of arrival (ETA) at the port
of destination. Should the Buyer be unable to arrange insurance in time owing to the
Sellers failure to give the above mentioned advice of shipment by cable or telex, the
Seller shall be held responsible for any and all damages and/or losses attributable to
such failure.
18 Shipping Documents
18. A The Seller shall present the following documents to the paying bank for
negotiation of payment:
18. A. 1 Full set of clean on board, "freight prepaid" for C&F/CIF Terms, of
“Freight to collect" for FOB/FAS Terms, Ocean Bills of Lading, made out to order
and blank endorsed, notifying ________at the port of destination.
18.A.2 Five copies of signed invoice, indicating contract number, L/C
number, name of commodity, full specifications, and shipping mark, signed and
issued by the Beneficiary of Letter of Credit.
18.A.3 Two copies of packing list and/or weight memo with indication of gross
and net weight of each package and/or measurements issued by beneficiary of Letter
18.A.4 Two copies each of the certificates of quality and quantity or weight
issued by the manufacturer and/or a qualified independent surveyor at the loading port
and must indicate full specifications of goods conforming to stipulations in Letter of
18.A.5 One duplicate copy of the cable or telex