fob术语合同范本英文

fob术语合同范本英文
FOB CONTRACT
This contract is made and entered into on [Date], and between [Buyer's Name], a(n) [Buyer's Company Name] incorporated under the laws of [Buyer's Country], with its principal place of business at [Buyer's Address] (hereinafter referred to as "Buyer"), and [Seller's Name], a(n) [Seller's Company Name] incorporated under the laws of [Seller's Country], with its principal place of business at [Seller's Address] (hereinafter referred to as "Seller").
WHEREAS, the Buyer desires to purchase certn goods from the Seller, and the Seller is willing to sell the same to the Buyer on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contned herein, and for other good and valuable consideration, the receipt and sufficiency of which are here acknowledged, the parties hereto agree as follows:
1. DEFINITIONS:
a. "Goods" means the products described in the attached purchase order or otherwise agreed to the parties.
b. "FOB" means Free On Board.
c. "Incoterms 2020" means the International Rules for the Interpretation of Trade Terms published the International Chamber of Commerce.
2. SHIPMENT:
a. The Seller shall ship the Goods ocean transportation from the port of shipment named in the purchase order to the destination port named in the purchase order.
b. The risk of loss of or damage to the Goods shall pass to the Buyer when the Goods are delivered to the carrier at the port of shipment.
c. The Seller shall provide the Buyer with the necessary shipping documents, including a bill of lading, rway bill, or other document evidencing the shipment of the Goods.
3. PRICE AND PAYMENT:
a. The price of the Goods shall be [Price], exclusive of any taxes or duties.
b. The Buyer shall pay the price for the Goods wire transfer within [Number] days after receipt of the Seller's invoice.
c. The Seller shall issue an invoice to the Buyer within [Number] days after shipment of the Goods.
4. DELIVERY:
a. The Goods shall be delivered FOB the port of shipment.
b. The estimated time of delivery for the Goods is [Estimated Delivery Date], subject to change due to force majeure or other unforeseeable events.
c. The Buyer shall make arrangements for the receipt and storage of the Goods at the destination port.
5. WARRANTY AND LIABILITY:
a. The Seller warrants that the Goods will conform to the description and specifications set forth in the purchase order and applicable laws and regulations.
b. The Buyer shall inspect the Goods upon receipt and shall promptly notify the Seller of any clms for nonconformance within [Number] days after receipt.
c. The Seller's liability for breach of warranty shall be limited to the repr or replacement of the nonconforming Goods or the refund of the purchase price, at the Seller's option.
d. The Seller shall not be liable for any indirect, incidental, or consequential damages arising out of the sale or use of the Goods.
6. FORCE MAJEURE:
a. The Seller shall not be liable for delays or flures in performance due to acts of God, war, terrorism, riots, embargoes, strikes, or other labor disputes, or any other causes beyond the Seller's reasonable control.
b. In the event of a force majeure event, the affected party shall promptly notify the other party and shall use reasonable efforts to mitigate the damages.
7. GOVERNING LAW AND DISPUTE RESOLUTION:
a. This contract shall be governed and construed in accordance with the laws of the jurisdiction in which the port of shipment is located.
b. Any disputes arising out of or in connection with this contract shall be resolved arbitration in accordance with the rules of the [Arbitration Institution] in the jurisdiction in which the port of shipment is located, and the award of the arbitrators shall be final and binding on the parties.
8. ENTIRE AGREEMENT:
a. This contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and negotiations, whether written or oral.
b. No amendment, modification, or wver of any provision of this contract shall be effective unless in writing and signed the parties hereto.
9. SEVERABILITY:
a. If any provision of this contract is held a court of petent jurisdiction to be invalid or unenforceable, the remning provisions shall remn in full force and effect.
b. The invalid or unenforceable provision shall be construed to give effect to the intent of the parties as reflected in the provision, to the extent possible.
10. COUNTERPARTS:
a. This contract may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
b. Execution of a counterpart facsimile or electronic signature shall be as valid as execution of an original signature.
IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written.
Buyer: [Buyer's Name]
By: [Buyer's Authorized Representative]
Title: [Buyer's Title]
Date: [Date]
Seller: [Seller's Name]
By: [Seller's Authorized Representative] Title: [Seller's Title]
Date: [Date]。