7国际货物买卖规定合同(中英文版)
国际货物贸易合同(中英文对照版)
国际贸易合同合同编号: 日期:买方: 卖方:地址: 地址:电话: 电话:传真: 传真:电子邮件:电子邮件:本合同由买卖双方订立,根据本合同规定的条款,买方同意购买、卖方同意出售下述商品:1 商品名称产地:印度生产年度:类别:(细绒棉,长绒棉)加工方式:锯齿棉皮辊棉Ginning: saw ginned roller ginned2 规格/质量2 Specifications/Quality级别: USDA通用棉花标准Grade: USDA Universal Cotton Standards凭小样(小样型号)by type:长度: (英寸,毫米)Staple Length: (inch/mm)马克隆值:NCLMicronaire:NCL断裂比强度值: 最小值克/特克斯,平均值克/特克斯以上Strength: minimum grams/tex,average above grams/tex3 数量3 Quantity净重:(吨,磅,包)Net Weight: (ton/pound/bale)溢短装率: %(默认值为1.5%)不允许多装Weight Tolerance Ratio %( If not specified here, 1.5% will be applied)Excess not allowed吨与磅的换算公式:1吨=2204.62磅Conversion between ton and pound: 1 ton=2204.62 pounds4价格4 Price单价:(美分/磅,人民币元/吨)Unit Price: (USC(cent)/pound or RMB(Yuan)/ton)价格条件:(CIF,CFR,FOB,其它)Terms: (CIF, CFR, FOB or others)总价: (美元,人民币元)Total Value: (USD/RMB)5付款方式信用证凭单托收其它5 Payment Terms Letter of Credit D/P Others6重量、质量检验:CIQ检验证书为结算和索赔的依据6 Weight and Quality Inspection: CIQ Inspection Certificate shall be the basis for settlement and compensation7装运/交货日期:从——(年月日)到——(年月日),或按月等量装运/交货(每月数量)(吨,磅,包)7 Shipment / Delivery: shipment /delivery from_________(mm/dd/yy) to_______(mm/dd/yy)Or equal monthly shipment/delivery as follows: ___________( ton, pound, bale)8目的地:8 Destination:9一般条款9 General Terms一般条款为本合同不可分割的一部分。
国际货物买卖中英文合同
国际货物买卖中英文合同国际货物买卖中英文合同篇一:国际货物买卖合同一、交货条款 TERMS OF DELIVERY1.装船条件: Terms of Shipment;离岸加运费价条款:卖方应在本合同第(9)条规定之时间内,将货物由装船口岸直接船运到中国口岸,在未经征得买方同意前,中途不得转船。
货物不得用悬挂买方不能接受国家的旗帜的船只装运。
For CFR Terms: The Sellers shall ship the goods within the time as stipulated in Clause (9) of this Contract by a direct vessel sailing from the port of loading to China Port. Transhipment eoute is not allowed without the Buyers' consent.The goods should not be carried by vessels flying of the countries not acceptable to the Buyers.离岸价条款: For FOB Terms:(A)装运本合同货物的船只,由买方或买方运输代理人中国租船公司(地址:北京、二里沟。
电报挂号:ZHOUGZU PEKING)租定舱位。
卖放应负责将所订货物在本合同第(9)条规定的装船期限内按买方所通知的任何日期装上买方指定的船只。
The shipping space for the contracted goods shall be booked by the Buyers or the Buyers'shipping agent,China National Chartering Corporation (Address: Er LiGou Beijing Cable Address:ZHOUGZU PEKING).The Sellers shall undertake to load the contracted goods on board the vessel nominated by the Buyers on any date notified by the Buyers, within the time of shipment stipulated in the Clause (9) of this Contract.(B)货物装运前10—15日,买方应电告卖方合同号、船只名称、船只预计到港日期、装运数量及船运代理人的名称,以便卖方可与该船运代理人联系及安排货物的装运。
国际贸易买卖合同范例(中英文)
国际贸易买卖合同范例(中英文)国际贸易买卖合同范例 (中英文)合同编号: [填写合同编号]本协议由以下买卖双方于合同签署日期签订:买方(以下简称“买方”):公司名称:地址:法定代表人:联系人及职位:电子卖方(以下简称“卖方”):公司名称:地址:法定代表人:联系人及职位:电子根据以下条件和约定,买方同意购买,卖方同意出售以下的货物:货物名称:货物数量:货物规格:货物单价:货物总价:交货日期:一、购买与出售1. 买方同意从卖方处购买上述货物,卖方同意向买方出售上述货物。
2. 卖方同意在约定的交货日期将货物运送至买方指定的地点。
二、质量和规格1. 卖方保证货物为合格品,并符合合同约定的质量和规格要求。
2. 货物的质量和规格应符合国际贸易行业的标准和规范。
三、付款方式和条款1. 买方同意在货物交付前支付全部货款。
2. 支付方式:[填写付款方式,如电汇、信用证等]3. 买方应在签订本合同后的[填写天数]内付款。
4. 如果买方未按时支付货款,卖方有权要求买方支付延迟付款所产生的利息。
四、责任和风险转移1. 货物的所有权在付款完成后立即转移给买方。
2. 自货物交付之日起,所有风险和损失由买方承担。
五、争议解决1. 本合同的解释和执行受所在国家/地区的法律管辖。
2. 对于因本合同产生的任何争议,买卖双方应尽力通过友好协商解决。
3. 如协商不成,争议应提交所在国家/地区有管辖权的法院裁决。
六、其他条款1. 本合同一式两份,买方和卖方各持一份,具有同等法律效力。
2. 本合同自双方签署之日起生效。
买方:签名:_________________日期:_________________卖方:签名:_________________日期:_________________:以上合同为示范合同,具体内容可根据买卖双方的协商达成一致后进行调整和修改。
International Trade Sales Contract Sample (Chinese and English)Contract No: [Fill in the contract number]This agreement is entered into on the contract signing date by the following buyer and seller:Buyer (hereinafter referred to as the \。
国际贸易买卖合同范例(中英文)
国际贸易买卖合同范例(中英文)国际贸易买卖合同范例(中英文)1. 合同主体1.1 卖方[卖方公司名称]1.2 买方[买方公司名称]2. 产品描述2.1 产品名称[产品名称]2.2 产品规格[产品规格]2.3 数量[数量]2.4 单价[单价]3. 交货条件3.1 装运港口[装运港口名称]3.2 运输方式[运输方式]3.3 投保[是否投保]3.4 负责方卖方负责运输至装运港口买方负责将货物从装运港口运输至目的地4. 付款条件4.1 货款总金额[货款总金额]4.2 分期付款预付款:[预付款比例]%的货款在合同签订后[预付款时间]内支付给卖方余款:剩余货款将在货物到达目的地后[余款时间]内支付给卖方4.3 付款方式预付款:[预付款方式]余款:[余款方式]4.4 汇款账户卖方收款账户:[卖方收款账户信息]买方汇款账户:[买方汇款账户信息]5. 检验与索赔5.1 检验标准[产品检验标准]5.2 质量异议如果买方对货物的质量产生异议,买方应在货物运抵目的地后[异议期限]内提出书面异议卖方应在收到异议通知后[回复时限]内回复买方5.3 索赔如果货物未能按合同规定的质量要求交付,买方有权向卖方提出索赔索赔以书面形式提出,并应提供相关证据和检验报告6. 合同解除与争议解决6.1 合同解除合同解除可以在以下情况下发生:双方协商一致一方严重违反合同条款,对方有权解除合同6.2 争议解决如果发生合同纠纷,双方应尽力通过友好协商解决如果协商不成,争议应提交至[仲裁机构]进行仲裁,并接受仲裁结果的约束 7. 其他条款7.1 通知方式对于卖方:[卖方通知方式]对于买方:[买方通知方式]7.2 生效日期与签字合同自双方签字并盖章后生效,并持续有效直至合同履行完毕。
7.3 适用法律与管辖本合同适用[适用法律],并受[管辖法院]司法管辖。
International Trade Sales Contract Sample (Chinese and English)1. Parties1.1 Seller[Seller Company Name]1.2 Buyer[Buyer Company Name]2. Product Description2.1 Product Name [Product Name]2.2 Product Specifications [Product Specifications]2.3 Quantity [Quantity]2.4 Unit Price[Unit Price]3. Delivery Terms3.1 Port of Shipment [Port of Shipment]3.2 Mode of Transportation [Mode of Transportation] 3.3 Insurance [Insurance Coverage]3.4 ResponsibilitySeller is responsible for transporting the goods to the port of shipment.Buyer is responsible for transporting the goods from the port of shipment to the destination.4. Payment Terms4.1 Total Amount[Total Amount]4.2 Installment PaymentsAdvance Payment: [Advance Payment Percentage]% of the total amount shall be pd to the Seller within [Advance Payment Time] after the signing of the contract.Balance Payment: The remning amount shall be pd to the Seller within [Balance Payment Time] after the goods arrive at the destination.4.3 Payment MethodAdvance Payment: [Advance Payment Method]Balance Payment: [Balance Payment Method]4.4 Remittance AccountSeller's Account: [Seller's Account Information]Buyer's Remittance Account: [Buyer's Remittance Account Information]5. Inspection and Clms5.1 Inspection Standards[Product Inspection Standards]5.2 Quality ClmsIn case the buyer has any objections regarding the quality of the goods, the buyer should rse written objections within [Objection Period] after the arrival of the goods at the destination.The seller should respond to the buyer's objections within [Response Time] after receiving the notification.5.3 ClmsIf the goods are not delivered in accordance with the quality requirements specified in the contract, the buyer has the right to file a clm agnst the seller.Clms should be made in writing and supported by relevant evidence and inspection reports.6. Contract Termination and Dispute Resolution6.1 Contract TerminationThe contract may be terminated in the following circumstances:Mutual agreement between both parties.One party materially breaches the contract, and the other party has the right to terminate the contract.6.2 Dispute ResolutionIn case of any disputes arising from the contract, the parties shall make every effort to resolve them through friendly negotiations.If the negotiations fl, the dispute shall be referred to [Arbitration Institution] for arbitration and shall be bound by the arbitration award.7. Other Clauses7.1 Method of NotificationFor the Seller: [Seller's Notification Method]For the Buyer: [Buyer's Notification Method]7.2 Effective Date and SignatureThe contract shall become effective upon the signature and seal of both parties and shall remn valid until the completion of the contract.7.3 Applicable Law and JurisdictionThis contract shall be governed by [Applicable Law] and subject to the jurisdiction of [Jurisdiction Court].。
国际货物买卖合同中英文模板
国际货物买卖合同中英文模板中文版:国际货物买卖合同合同编号:XXXXXX甲方(卖方):乙方(买方):鉴于甲方拥有XXXX的货物,乙方有意购买,双方经友好协商,达成如下协议:一、货物的名称、规格、数量及价格货物的名称:XXXX规格:XXXX数量:XXXX单价:XXXX总价:XXXX二、交货方式和时间交货方式:XXXX交货时间:XXXX三、付款方式乙方应在收到货物后XX天内将全部货款支付给甲方,支付方式为XXXX。
四、质量保证和售后服务甲方保证所售货物符合相关质量标准,并提供售后服务。
在质保期内,如出现质量问题,甲方应及时维修或更换。
五、违约责任如一方违反本合同约定,应向守约方支付违约金,并赔偿由此造成的损失。
六、争议解决方式本合同履行过程中如发生争议,双方应友好协商解决;协商不成的,任何一方均有权向甲方所在地人民法院提起诉讼。
七、其他约定事项XXXX。
本合同一式两份,甲乙双方各执一份,自双方代表签字(盖章)之日起生效。
甲方(卖方):(盖章)乙方(买方):(盖章)日期:XXXX年XX月XX日英文版:INTERNATIONAL GOODS SALES CONTRACTContract No: XXXXXXParty A (Seller):Party B (Buyer):Whereas Party A is the owner of the goods of XXXX, Party B is willing to purchase them, both parties have friendly consultations and reach the following agreement: 1. Name, Specification, Quantity and Price of Goods The name of the goods: XXXX Specification: XXXX Quantity: XXXX Unit price: XXXX Total price: XXXX 2. Delivery Method and Time Delivery method: XXXX Delivery time: XXXX 3. Payment Method Party B shall pay all the purchase price to Party A within XX days after receiving the goods. The payment method is XXXX. 4. Quality Assurance and After-sales Service Party A guarantees that the goods sold meet relevant quality standards and provides after-sales service. Within the warranty period, if any quality problems occur, Party A shall repair or replace them in a timely manner. 5. Liability for Breach of Contract If any party violates this contract, it shall pay a违约金to the other party and compensate for any losses caused thereby. 6. Dispute Resolution Method Any disputes arising from the performance of this contract shall be resolved through friendly consultations between both parties; if协商fails, any party shall have the right to file a lawsuit in the people's court at the location of Party A. 7. Other Agreed Matters XXXX. This contract is executed in duplicate, held by Party A and Party Brespectively, and shall become effective on the date of signature (seal) by the representatives of both parties. Party A (Seller): (seal) Party B (Buyer): (seal) Date: XXXX XXXX。
国际货物销售合同中英文对照版7篇
国际货物销售合同中英文对照版7篇篇1International Cargo Sales Contract合同编号:____________Contract Number: ____________甲方(买方):____________________乙方(卖方):____________________Party A (Buyer): ____________________Party B (Seller): ____________________鉴于甲、乙双方就本国际货物销售事项达成一致意见,为明确双方权利和义务,特订立本合同:WHEREAS Party A and Party B have reached an agreement on the matters of international cargo sales, in order to clarify the rights and obligations of both parties, this contract is hereby made and concluded:一、货物描述及规格1. Description and Specifications of Goods货物名称:____________________货物规格:____________________数量及单位:____________________ (详见附件清单)质量标准:符合国际相关标准及双方约定标准。
___The name of the goods: _______________________The specifications of the goods: _______________________Quantity and unit: ____________________ (See the attached list for details)___Quality standard: in accordance with relevant international standards and the agreed standards between both parties.篇2International Cargo Sales Contract甲方(买方):__________________ (以下简称“买方”)Party A (Buyer): ____________________ (hereinafter referred to as “Buyer”)乙方(卖方):____________________ (以下简称“卖方”)Party B (Seller): ____________________ (hereinafter referred to as “Seller”)鉴于甲、乙双方本着互惠互利的原则,经友好协商,就甲方向乙方购买以下商品事宜达成一致意见,特订立本合同。
国际贸易合同范本中英文3篇
国际贸易合同范本中英文3篇篇一国际贸易合同范本中英文合同编号:日期:卖方:地址:电话:电子:买方:地址:电话:电子:买卖双方经协商同意按下列条款成交:1. 货物名称、规格和质量:[具体描述货物的名称、规格和质量]2. 数量:[具体数量]3. 单价:[具体价格]4. 总值:[总价]5. 交货条件:[如 FOB、CIF 等]6. 原产地国别:[货物的原产国]7. 包装及标准:[描述货物的包装方式和标准]8. 唛头:[运输标志]9. 装运期:[预计装运日期]10. 装运口岸和目的地:[装运港和目的港]11. 保险:[由哪方负责购买保险,保险类型和金额]12. 付款条件:[付款方式和时间]13. 单据:[卖方需要提供的单据,如发票、提单等]14. 检验:[检验标准和方式]15. 索赔:[索赔的条件和程序]16. 不可抗力:[不可抗力的定义和处理方式]17. 仲裁:[仲裁的地点和机构]18. 法律适用:[合同适用的法律]19. 其他条款:[其他双方约定的条款]卖方(盖章):____________________代表(签字):____________________日期:____________________买方(盖章):____________________代表(签字):____________________日期:____________________篇二国际贸易合同范本中英文合同编号:日期:卖方:地址:电话:电子:买方:地址:电话:电子:买卖双方经协商同意按下列条款成交:1. 货物名称、规格和质量:[具体描述货物的名称、规格和质量标准]2. 数量:[具体数量]3. 单价:[具体价格]4. 总值:[总价]5. 交货条件:[说明交货的地点、时间和方式]6. 原产地国别:[货物的原产国家或地区]7. 包装及标准:[描述货物的包装方式和标准]8. 唛头:[规定货物的唛头标记]9. 付款方式:[说明付款的方式和时间]10. 运输方式及费用负担:[指定运输方式,并说明运费的承担方]11. 保险:[说明是否购买保险以及保险的类型和金额]12. 检验:[规定货物的检验方式和标准]13. 索赔:[说明在货物出现问题时的索赔程序和要求]14. 不可抗力:[约定不可抗力事件的处理方式]15. 争议解决:[指定解决争议的方式,如仲裁或诉讼]16. 法律适用:[确定适用的法律]17. 本合同于[合同签订日期]由双方代表签字后生效,一式两份,买卖双方各执一份。
国际货物买卖合同(中英文对照)
国际货物买卖合同(中英文对照)1.售货合同(sales contract)编号No。
日期Date:买方:The Buyers:电报:传真:Cable:FAX卖方:The Sellers:电报:电传:传真:Cable: Telex: FAX本合同由买卖双方订立,根据本合同规定的条款,买方同意购买,卖方同意出售下述商品:This Contract is made by and between the Buyers and Sellers ,whereby the Buyers agree to buy and the Sellers agree to sell the undermentioned commodity according to the term and conditions(6)装运期限:TIME OF SHIPMENT:(7)装运口岸:PORT OF SHIPMENT:(8)到货口岸:PORT OF DESTINGA TION:(到口岸以后的的提货及运输到公司的相关方式及费用承担)(9)保险:INSURANCE:由买方投保。
(?)To be coverd by the Buyers.(10)包装:PACKING:须用坚固的新木箱/纸箱包装,适合长途海运,防湿、防潮、防震、防锈,而粗暴搬运。
由于包装不良所发生的损失,由于采用不充分或不妥善的防护措施而造成的任何锈损,卖方应负担由此而产生的一切费用和/或损失。
To be packed in new strong woden case (s)/ carton (s) suitable for long distance ocean transportation and well protected against dampenss, moisture,shock, rust and rough handling。
The Sellers shall be liable for any damage to the goods on account of improper packing and for any rust damage attributable to inadequate or improper protective measures taken by the Sellers,and insuch case or cases any and all losses and/or expenses incurred in consequence thereof shall be borne by the Sellers。
国际贸易货物买卖合同范本(中英文对照)
国际贸易货物买卖合同范本 (中英文对照)国际贸易货物买卖合同 (中英文)CONTRACT OF GOODS PURCHASEContract No.:合同号:Date:日期:The Buyer: 买方:Address: 地址:Fax: 传真:Tel: 电话:The Seller: 卖方:Address: 地址:Fax: 传真:Tel: 电话:1. COMMODITY AND PRICE 商品和价格This Contract is made by and between the Buyer and the Seller; whereby the Buyer agrees to buy and the Seller agrees to sell the commodity and on terms and conditions stipulated below:本合同由买卖双方订立,根据下列条款和条件买方同意购买且卖方同意出售下列商品:Item No. 序号Commodity and specifications 商品和规格Quantity数量Unit Price + Price Term单价和价格术语Total Amount in U.S.Dollar总价(美元)TOTAL value: USD (SAY U.S. DOLLAR ONLY)总金额:美元 (大写美元整)2. COUNTRY OF ORIGIN AND MANUFACTURERS: THE NETHERLANDS/ PHILIPS原产国和制造商:3. TIME OF SHIPMENT: 装运时间:The Seller agrees to exercise customary & reasonable business practices to meet the Buyer’s requested delivery dates set forth herein. The Buyer understands that shipping dates may depend upon site readiness and the Seller’s prompt receipt of all necessary information from the Buyer as well as prompt shipment of the products from its sub-supplier. The Seller shall not be liable to pay compensation to the Buyer for non, late or mis-delivery for causes beyond the Seller’s contro l (and if not remedied within a reasonable time).卖方同意采用惯常的和合理的商业作法满足买方上述列明的交付日的要求。
联合国国际货物买卖合同公约英文版
联合国国际货物买卖合同公约英文版The United Nations Convention on Contracts for the International Sale of Goods (CISG) is an international treaty that governs the formation and performance of contracts for the sale of goods between parties from different countries. It provides a uniform set of rules that aim to promote international trade and ensure fair and efficient contractual relations.The CISG applies to contracts for the sale of goods between parties whose places of business are in different countries, provided that both countries are parties to the convention. It covers various aspects of the contract, including the formation, interpretation, and performance of the contract, as well as remedies for breach of contract.One of the key features of the CISG is its principle of party autonomy. This means that the parties to a contract can agree on the terms and conditions of the contract, as long as those terms are not inconsistent with the provisions of the CISG. However, if the parties fail to agree on certain terms, the CISG provides default rules that will apply tofill in the gaps in the contract.The CISG also sets out the obligations of the seller and the buyer. The seller is required to deliver the goods, transfer the property in the goods, and ensure that the goods are of the quantity, quality, and description required by the contract. The buyer, on the other hand, is obligated to pay the price for the goods and take delivery of them in accordance with the contract.In case of a breach of contract, the CISG provides various remedies for the injured party. These remedies include the right to claim damages, the right to specific performance, and the right to avoid the contract. The injured party is also entitled to recover any expenses incurred as a result of the breach.It is important to note that the CISG does not apply to all contracts for the sale of goods. It excludes certain types of contracts, such as contracts for the sale of goods bought for personal, family, or household use, contracts for the sale of stocks, shares,investment securities, negotiable instruments, or money, and contracts for the sale of ships, vessels, hovercraft, or aircraft.Furthermore, parties to a contract can exclude the application of the CISG or modify its provisions by expressly stating so in the contract. However, such exclusion or modification must be clear and unequivocal.In conclusion, the United Nations Convention on Contracts for the International Sale of Goods is an important international treaty that provides a uniform set of rules for the formation and performance of contracts for the sale of goods. It aims to promote international trade and ensure fair and efficient contractual relations. By understanding the provisions of the CISG, parties can better navigate the complexities of international sales contracts and avoid potential disputes.。
联合国国际货物买卖合同公约中英文对照
联合国国际货物买卖合同公约中英文对照联合国国际货物买卖合同公约中英文对照The United Nations Convention on Contracts for the International Sale of Goods中文版合同双方基本信息:出售方(卖方):名称:地址:电话:传真:邮箱:购买方(买方):名称:地址:电话:传真:邮箱:各方身份、权利、义务、履行方式、期限、违约责任:1. 商品描述:出售方应详细描述所售商品的品种、数量、质量、产地、价格、包装情况等信息。
如果所售商品需要符合特定的标准或规格,则需要在合同中进行明确阐述。
2. 交货方式:交货方式和时间应在合同中明确约定。
出售方应在交货时将商品的所有权转移给买方。
3. 付款方式:付款方式和时间应在合同中明确约定。
出售方应向买方提供对所售商品的所有权的有效控制,即使买方未通过付款而获得所有权也应如此。
4. 商品质量:出售方应确保所售商品符合合同约定的规格和标准。
如果商品在运输过程中发生损失或损坏,责任应由出售方和运输方之间协商解决。
5. 损失或损害:在商品的交付后,责任应由买方承担。
如果商品在交付后由于出售方或运输方的原因发生损失或损害,责任应由出售方和运输方之间协商解决。
6. 争议解决:合同争议应在双方协商无果后提交给仲裁机构或法院解决。
需遵守中国的相关法律法规,明确各方的权力和义务,明确法律效力和可执行性。
英文版Basic information of both parties:Seller:Name:Address:Phone:Fax:Email:Buyer:Name:Address:Phone:Fax:Email:Identification, rights, obligations, performance methods, deadlines, and breach of contract liabilities of each party:1. Product description:The seller shall provide detailed information about the product, including variety, quantity, quality, place of origin, price, packaging, and other relevant information. If the product needs to meet specific standards or specifications, it should be clearly stated in the contract.2. Delivery methods:Delivery methods and times should be clearly stated in the contract. The seller shall transfer ownership of the product to the buyer upon delivery.3. Payment methods:Payment methods and times should be clearly stated in the contract. The seller shall provide the buyer with effective control of the product even if the buyer has not paid for it.4. Product quality:The seller shall ensure that the product complies with the specifications and standards agreed in the contract. If the product is lost or damaged during transportation, the seller and the carrier shall negotiate a solution.5. Loss or damage:After delivery, the buyer shall be responsible for any loss or damage. If the product is lost or damaged due to the seller or the carrier, it should be negotiated between the seller and the carrier.6. Dispute resolution:Contract disputes shall be submitted for arbitration or resolved in court if the parties fail to reach a resolution through negotiation.The contract shall comply with relevant laws and regulations in China, clarify the rights and obligations of the parties, and ensure legal effectiveness and enforceability.。
国际货物买卖合同范本(中英文版)
国际货物买卖合同卖方(Seller) :_________________________ 买方(Buyer) :_________________________签订日期(Date) :____ 年_____ 月____ 日签约地(Signed at):日期(Date):卖方(Seller):地址(Adress):电话(Tel):传真(Fax):电子邮箱(E-mail):买方(Buyer):地址(Adress):电话(Tel):传真(Fax):电子邮箱(E-mail):买卖双方经协商同意按下列条款成交:(The undersigned Seller and Buyer have agreed to close the following transactions according to the terms and conditions setforth as below:)1、货物名称、规格和质量 (Name, Specificati ons and Quality of Commodity) :2、数量(Quantity):o3、单价及价格条款(Unit Price and Terms of Delivery) :除非另有规定,贸易术语均应依照国际商会制定的《2000年国际术语解释通则》办理。
(The trade terms shallbe subject to Intern ati onal Rules for the Intern ati onal of Trade Terms 2000 provided by In ter nati onal Chamber of Commerce uni ess otherwise stipulated herei n.)4、总价(Total Amount)5、允许溢短装(More or Less) : %>6、装运期限(Time of Shipment):收到可以转船及分批装运之信用证天内装运。
国际贸易货物买卖合同范本(中英文对照)(2)
国际贸易货物买卖合同范本 (中英文对照)(2)国际贸易货物买卖合同范本 (中英文对照)(2)The Seller shall, within 48 hours after the shipment is effected, advise the Buyer by fax of the contract number, name of modity, quantity, gross weight, invoiced value, name of the carrying vessel and the date of sailing.卖方应在货物装运后48小时内以通知买方合同号、商品的名称、数量、毛重、发票金额、装运的船名和开航日期。
In case the goods cannot be despatched to their destination at the date scheduled therefor by reasons attributable to the Buyer and/or outside Seller’s reasonable control, the Seller shall be entitled to store the goods concerned at the Buyer' expense and risk. In such case the warehouse receipt(s) shall serve as substitute(s) for the shipping documents in all respects and the Buyer undertakes to reimburse within fourteen days of our first demand any and all additional expenses so incurred.如果由于买方的原因和/或超出卖方合理控制的原因导致货物不能在预订的日期发运至其目的地,卖方应有权将相关货物进展存储,由买方承担费用和风险。
国际货物销售合同中英文对照版
国际货物销售合同中英文对照版International Sale of Goods Contract国际货物销售合同This International Sale of Goods Contract (the “Contract”) is entered into and made effective as of [date] (the “Effective Date”) by and between:本国际货物销售合同(以下简称“合同”)由以下双方于[date](以下简称“生效日期”)签订并生效:Seller (卖方):[Name] [名称][Address] [地址][City, State] [城市,州][Country] [国家]Buyer (买方):[Name] [名称][Address] [地址][City, State] [城市,州][Country] [国家]Whereas the Seller desires to sell and the Buyer desires to purchase certain goods (the "Goods") on the terms and conditions set forth in this Contract, the parties agree as follows:鉴于卖方欲出售一定的货物(以下简称“货物”),买方欲购买该货物,并且同意遵守本合同规定的条款和条件,双方达成如下协议:1. Goods and specifications货物及规格1.1 The Seller agrees to sell and deliver the Goods to the Buyer in accordance with the terms of this Contract.卖方同意按照本合同的条款向买方出售并交付货物。
1.2 The Goods to be sold hereunder shall be described as follows:本合同所出售的货物应按照以下规定进行描述:[Description of the Goods] [货物的描述]1.3 The Goods shall be in conformity with the specifications and quality requirements as agreed between the parties, and shall be free from defects in materials and workmanship.货物应符合双方约定的规格和质量要求,并且应无材料和工艺上的缺陷。
国际贸易货物买卖合同范本(中英文对照)
国际贸易货物买卖合同范本(中英文对照)国际贸易货物买卖合同 (中英文)CONTRACT OF GOODS PURCHASEContract No.:合同号:Date:日期:The Buyer: 买方:Address: 地址:Fax: 传真:Tel: 电话:The Seller: 卖方:Address: 地址:Fax: 传真:Tel: 电话:1. COMMODITY AND PRICE 商品和价格This Contract is made by and between the Buyer and the Seller; whereby the Buyer agrees to buy and the Seller agrees to sell the commodity and on terms and conditions stipulated below:本合同由买卖双方订立,根据下列条款和条件买方同意购买且卖方同意出售下列商品:Item No. 序号Commodity and specifications 商品和规格Quantity数量Unit Price + Price Term单价和价格术语Total Amount in U.S.Dollar总价(美元)TOTAL value: USD (SAY U.S. DOLLAR ONLY)总金额:美元 (大写美元整)2. COUNTRY OF ORIGIN AND MANUFACTURERS: THE NETHERLANDS/ PHILIPS原产国和制造商:3. TIME OF SHIPMENT: 装运时间:The Seller agrees to exercise customary & reasonable business practices to meet the Buyer’s requested delivery dates set forth herein. The Buyer understands that shipping dates may depend upon site readiness and the Seller’s prompt receipt of all necessary information from the Buyer as well as prompt shipment of the products from its sub-supplier. The Seller shall not be liable to pay compensation to the Buyer for non, late or mis-delivery for causes beyond the Seller’s control (and if not remedied within a reasonable time).卖方同意采用惯常的和合理的商业作法满足买方上述列明的交付日的要求。
(完整版)外贸合同(中英双语)
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:兹经买卖双方同意,由买方购进,卖方出售下列货物,并按下列条款签订本合同:(6)装运口岸:Port of Loading:(7)目的口岸:Port of Destination :(8)Terms of Payment:Upon receipt from the Sellers of the advice as to the time and quantify expected ready for shipment, the Buyers shall open, 20days before shipment, with the Bank of China ,Shanghai, an irrevocable Letter of Credit in favour of the Sellers payable by the opening bank against sight draft accompanied by the documents as stipulated in Clause (9) of this Contract.付款条件:买方在收到卖方关于预计装船日期及准备装船的数量的通知后,应于装运前20天,通过上海中国银行开立以卖方为受益人的不可撤销的信用证。
该信用证凭即期汇票及本合同第(9)条规定的单据在开证行付款。
(9)Documents:To facilitate the Buyers to cheek up, all documents should be made in a version identical to that used in this contract.单据:各项单据均须使用与本合同相一致的文字,以便买方审核查对:Complete set of Clean On Board Shipped Bill of Lading made out to order, blank endorsed, notifying the China National Foreign Trade Transportation Corporation ZHONGW AIYUN at the port of destination. (if the prise in this Contract is Based on FOB, marked “freight to collect” or “freight as per charter party”; if the price in this Contract is Based on CFR, marked “freight prepaid”.)填写通知目的口岸对外贸易运输公司的空白抬头、空白背书的全套已装船的清洁提单。
联合国国际货物买卖合同公约中英文对照(最新整理)
《联合国国际货物买卖合同公约》中英文对照Uni ted Natio ns Conven tion on Con tracts for the In ternatio nal Sale of Goods(1980)[CISG] 《联合国国际货物买卖合同公约》共分为四个部分:(1)适用范围;(2)合同的成立;(3)货物买卖;(4)最后条款。
全文共101条。
公约的主要内容包括以下四个方面:1•公约的基本原则。
建立国际经济新秩序的原则、平等互利原则与兼顾不同社会、经济和法律制度的原则。
这些基本原则是执行、解释和修订公约的依据,也是处理国际货物买卖关系和发展国际贸易关系的准绳。
2•适用范围。
第一,公约只适用于国际货物买卖合同,即营业地在不同国家的双方当事人之间所订立的货物买卖合同,但对某些货物的国际买卖不能适用该公约作了明确规定。
第二,公约适用于当事人在缔约国内有营业地的合同,但如果根据适用于合同”的冲突规范,该合同”应适用某一缔约国的法律,在这种情况下也应适用销售合同公约”而不管合同当事人在该缔约国有无营业所。
对此规定,缔约国在批准或者加入时可以声明保留。
第三,双方当事人可以在合同中明确规定不适用该公约。
(适用范围不允许缔约国保留)3•合同的订立。
包括合同的形式和发价(要约)与接受(承诺)的法律效力。
4•买方和卖方的权利义务。
第一,卖方责任主要表现为三项义务:交付货物;移交一切与货物有关的单据;移转货物的所有权。
第二,买方的责任主要表现为两项义务:支付货物价款;收取货物。
第三,详细规定卖方和买方违反合同时的补救办法。
第四,规定了风险转移的几种情况。
第五,明确了根本违反合同和预期违反合同的含义以及当这种情况发生时,当事人双方所应履行的义务。
第六,对免责根据的条件作了明确的规定。
补充:CISG 联合国国际货物销售合同公约(the Uni ted Nati ons Conven tion on Con tracts for the International Sale of Goods)。
国际货物买卖合同书中英文范本(中英文详版)
国际货物买卖合同书中英文范本SALES CONTRACT编号:No:日期:Date:签约地点:Signed at:卖方:The Seller:地址:Address:邮政编码:Postal Code:电话:Tel:传真:fax:电子邮箱:E-mail:买方:The Buyer:地址:Address:邮政编码:Postal Code:电话:Tel:传真:fax:电子邮箱:E-mail:买卖双方同意成交下列产品,订立条款如下:The undersigned Seller and Buyer have agreed to装运港:PORT OF SHIPMENT:目的港:PORT OF DESTINATION7. 付款条件:PAYMENT:8. 保险:INSURANCE:□由卖方按发票金额的110%保一切险及战争险。
买方如要求增加保额或保险范围,须承担因此增加的保险费。
To be covered by the Seller for 110% of the invoice value against All Risks and War Risks. If additional insurance amount or coverage is required, the additional premium is to be borne by the Buyer.□由买方自理To be effected by the Buyer.9. 付款条件Terms of Payment(以下四项任选一项):(1)信用证方式:Letter of Credit:买方应在装运期前/合同生效后__日,开出以卖方为受益人的不可撤销的议付信用证,信用证在装船完毕后__日内到期。
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) 付款交单:Documents against payment:货物发运后,卖方出具以买方为付款人的付款跟单汇票,按即期付款交单(D/P)方式,通过卖方银行及_____银行向买方转交单证,换取货物。
国际货物买卖合同(中英文对照)
国际货物买卖合同(中英文对照) Contract for the International Sale of Goods第一条合同双方Article 1: Contracting Parties甲方:[甲方名称]Party A: [Name of Party A]乙方:[乙方名称]Party B: [Name of Party B]第二条货物描述Article 2: Description of Goods1. 货物名称:[货物名称]2. 规格型号:[规格型号]3. 数量:[数量]4. 单位:[单位]5. 包装:[包装方式]6. 质量标准:[质量标准]7. 交货地点:[交货地点]Article 2: Description of Goods1. Name of Goods: [Name of Goods]2. Specifications: [Specifications]3. Quantity: [Quantity]4. Unit: [Unit]5. Packaging: [Packaging Method]6. Quality Standards: [Quality Standards]7. Delivery Location: [Delivery Location]第三条价格条款Article 3: Price Terms1. 价格条款:[如FOB, CIF, DDP等]2. 货币单位:[货币单位]3. 总价:[总价]4. 价格条款解释:[根据国际贸易术语解释通则(Incoterms)解释价格条款]Article 3: Price Terms1. Terms of Price: [e.g., FOB, CIF, DDP, etc.]2. Currency: [Currency Unit]3. Total Price: [Total Price]4. Explanation of Price Terms: [Explanation according to Incoterms]第四条支付方式Article 4: Payment Terms1. 支付方式:[如信用证、电汇、承兑汇票等]2. 支付期限:[支付期限]3. 支付货币:[支付货币]Article 4: Payment Terms1. Method of Payment: [e.g., Letter of Credit, Telegraphic Transfer, Acceptance Draft, etc.]2. Payment Schedule: [Payment Schedule]3. Payment Currency: [Payment Currency]第五条交货期限Article 5: Delivery Time1. 预计交货日期:[预计交货日期]2. 交货期限:[交货期限]3. 延迟交货的后果:[延迟交货的后果]Article 5: Delivery Time1. Estimated Delivery Date: [Estimated Delivery Date]2. Delivery Period: [Delivery Period]3. Consequences of Late Delivery: [Consequences of Late Delivery]第六条质量保证与索赔Article 6: Quality Assurance and Claims1. 质量保证期限:[质量保证期限]2. 索赔期限:[索赔期限]3. 索赔程序:[索赔程序]Article 6: Quality Assurance and Claims1. Quality Assurance Period: [Quality Assurance Period]2. Claim Period: [Claim Period]3. Claim Procedure: [Claim Procedure]第七条违约责任Article 7: Liability for Breach of Contract1. 违约责任:[违约责任条款]2. 赔偿范围:[赔偿范围]3. 争议解决:[争议解决方式]Article 7: Liability for Breach of Contract1. Liability for Breach: [Liability Terms]2. Scope of Compensation: [Scope of Compensation]3. Dispute Resolution: [Dispute Resolution Method]第八条法律适用与争议解决Article 8: Governing Law and Dispute Resolution1. 适用法律:[适用法律]2. 争议解决方式:[争议解决方式,如仲裁、诉讼等]3. 仲裁机构:[仲裁机构名称]Article 8: Governing Law and Dispute Resolution1. Applicable Law: [Applicable Law]2. Dispute Resolution Method: [Dispute Resolution Method,e.g., Arbitration, Litigation, etc.]3. Arbitration Institution: [Name of Arbitration Institution] 第九条合同生效Article 9: Effectiveness of the Contract1. 合同生效条件:[合同生效条件]2. 合同生效日期:[合同生效日期]Article 9: Effectiveness of the Contract1. Conditions for Effectiveness: [Conditions for Effectiveness]2. Effective Date: [Effective Date]第十条其他Article 10: Miscellaneous1. 附加条款:[附加条款]2. 合同修改:[合同修改条款]3. 通知方式:[通知方式]Article 10: Miscellaneous1. Additional Terms: [Additional Terms]2. Contract Modification: [Contract Modification Terms]3. Notice Method: [Notice Method]本合同一式。
联合国国际货物买卖合同公约(英文版)
United Nations Convention on Contracts for the International Sale of Goods (CISG)(Preamble)The States Parties to this Convention,Bearing in mind the broad objectives in the resolutions adopted by the sixth special session of the General Assembly of the United Nations on the establishment of a New International Economic Order,Considering that the development of international trade on the basis of equality and mutual benefit is an important element in promoting friendly relations among States,Being of the opinion that the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade,Have agreed as follows:(Sphere of Application)Article 1(1) This Convention applies to contracts of sale of goods between parties whose places of business are in different States:(a) when the States are Contracting States; or(b) when the rules of private international law lead to the application of the law of a Contracting State.(2) The fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract.(3) Neither the nationality of the parties nor the civil or commercial character of the parties or of the contract is to be taken into consideration in determining the application of this Convention.Article 2This Convention does not apply to sales:(a) of goods bought for personal, family or household use, unless the seller, at any time before or at the conclusion of the contract, neither knew nor ought to have known that the goods were bought for any such use;(b) by auction;(c) on execution or otherwise by authority of law;(d) of stocks, shares, investment securities, negotiable instruments or money;(e) of ships, vessels, hovercraft or aircraft;(f) of electricity.Article 3(1) Contracts for the supply of goods to be manufactured or produced are to be considered sales unless the party who orders the goods undertakes to supply a substantial part of the materials necessary for such manufacture or production.(2) This Convention does not apply to contracts in which the preponderant part of the obligations of the party who furnishes the goods consists in the supply of labour or other services.Article 4This Convention governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer arising from such a contract. In particular, except as otherwise expressly provided in this Convention, it is not concerned with:(a) the validity of the contract or of any of its provisions or of any usage;(b) the effect which the contract may have on the property in the goods sold.Article 5This Convention does not apply to the liability of the seller for death or personal injury caused by the goods to any person.Article 6The parties may exclude the application of this Convention or, subject to article 12, derogate from or vary the effect of any of its provisions.(Formation of the contract)Article 14(1) A proposal for concluding a contract addressed to one or more specific persons constitutes an offer if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. A proposal is sufficiently definite if it indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price.(2) A proposal other than one addressed to one or more specific persons is to be considered merely as an invitation to make offers, unless the contrary is clearly indicated by the person making the proposal.Article 15(1) An offer becomes effective when it reaches the offeree.(2) An offer, even if it is irrevocable, may be withdrawn if the withdrawal reaches the offeree before or at the same time as the offer.Article 16(1) Until a contract is concluded an offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance.(2) However, an offer cannot be revoked:(a) if it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable; or(b) if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer.Article 17An offer, even if it is irrevocable, is terminated when a rejection reaches the offeror.Article 18(1) A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance.(2) An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. An acceptance is not effective if the indication of assent does not reach the offeror within the time he has fixed or, if no time is fixed, within a reasonable time, due account being taken of the circumstances of the transaction, including the rapidity of the means of communication employed by the offeror. An oral offer must be accepted immediately unless the circumstances indicate otherwise.(3) However, if, by virtue of the offer or as a result of practices which the parties have established between themselves or of usage, the offeree may indicate assent by performing an act, such as one relating to the dispatch of the goods or payment of the price, without notice to the offeror, the acceptance is effective at the moment the act is performed, provided that the act is performed within the period of time laid down in the preceding paragraph.Article 19(1) A reply to an offer which purports to be an acceptance but contains additions, limitations or other modifications is a rejection of the offer and constitutes a counteroffer.(2) However, a reply to an offer which purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance, unless the offeror, without undue delay, objects orally to the discrepancy or dispatches a notice to that effect. If he does not so object, the terms of the contract are the terms of the offer with the modifications contained in the acceptance.(3) Additional or different terms relating, among other things, to the price, payment, quality and quantity of the goods, place and time of delivery, extent of one party's liability to the other or the settlement of disputes are considered to alter the terms of the offer materially.Article 20(1) A period of time of acceptance fixed by the offeror in a telegram or a letter begins to run from the moment the telegram is handed in for dispatch or from the date shown on the letter or, if no such date is shown, from the date shown on the envelope. A period of time for acceptance fixed by the offeror by telephone, telex or other means of instantaneous communication, begins to run from the moment that the offer reaches the offeree.(2) Official holidays or non-business days occurring during the period for acceptance are included in calculating the period. However, if a notice of acceptance cannot be delivered at the address of the offeror on the last day of the period because that day falls on an official holiday or a non-business day at the place of business of the offeror, the period is extended until the first business day which follows.Article 21(1) A late acceptance is nevertheless effective as an acceptance if without delay the offeror orally so informs the offeree or dispatches a notice to that effect.(2) If a letter or other writing containing a late acceptance shows that it has been sent in such circumstances that if its transmission had been normal it would have reached the offeror in due time, the late acceptance is effective as an acceptance unless, without delay, the offeror orally informs the offeree that he considers his offer as having lapsed or dispatches a notice to that effect.Article 22An acceptance may be withdrawn if the withdrawal reaches the offeror before or at the same time as the acceptance would have become effective.Article 23A contract is concluded at the moment when an acceptance of an offer becomes effective in accordance with the provisions of this Convention.Article 24For the purposes of this Part of the Convention, an offer, declaration of acceptance or any other indication of intention "reaches" the addressee when it is made orally to him or delivered by any other means to him personally, to his place of business or mailing.(General Provisions)Article 25A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result.Article 26A declaration of avoidance of the contract is effective only if made by notice to the other party. Article 27Unless otherwise expressly provided in this Part of the Convention, if any notice, request or other communication is given or made by a party in accordance with this Part and by means appropriatein the circumstances, a delay or error in the transmission of the communication or its failure to arrive does not deprive that party of the right to rely on the communication.Article 28If, in accordance with the provisions of this Convention, one party is entitled to require performance of any obligation by the other party, a court is not bound to enter a judgement for specific performance unless the court would do so under its own law in respect of similar contracts of sale not governed by this Convention.Article 29(1) A contract may be modified or terminated by the mere agreement of the parties.(2) A contract in writing which contains a provision requiring any modification or termination by agreement to be in writing may not be otherwise modified or terminated by agreement. However, a party may be precluded by his conduct from asserting such a provision to the extent that the other party has relied on that conduct.(Obligations Of The Seller)Article 30The seller must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contract and this Convention.(Delivery of the goods and handing over of documents)Article 31If the seller is not bound to deliver the goods at any other particular place, his obligation to deliver consists:(a) if the contract of sale involves carriage of the goods--in handing the goods over to the first carrier for transmission to the buyer;(b) if, in cases not within the preceding subparagraph, the contract relates to specific goods, or unidentified goods to be drawn from a specific stock or to be manufactured or produced, and at the time of the conclusion of the contract the parties knew that the goods were at, or were to be manufactured or produced at, a particular place--in placing the goods at the buyer's disposal at thatplace;(c) in other cases--in placing the goods at the buyer's disposal at the place where the seller had his place of business at the time of the conclusion of the contract.Article 32(1) If the seller, in accordance with the contract or this Convention, hands the goods over to a carrier and if the goods are not dearly identified to the contract by markings on the goods, by shipping documents or otherwise, the seller must give the buyer notice of the consignment specifying the goods.(2) If the seller is bound to arrange for carriage of the goods, he must make such contracts as are necessary for carriage to the place fixed by means of transportation appropriate in the circumstances and according to the usual terms for such transportation.(3) If the seller is not bound to effect insurance in respect of the carriage of the goods, he must, at the buyer's request, provide him with all available information necessary to enable him to effect such insurance.Article 33The seller must deliver the goods:(a) if a date is fixed by or determinable from the contract, on that date;(b) if a period of time is fixed by or determinable from the contract, at any time within that period unless circumstances indicate that the buyer is to choose a date; or(c) in any other case, within a reasonable time after the conclusion of the contract.Article 34If the seller is bound to hand over documents relating to the goods, he must hand them over at the time and place and in the form required by the contract. If the seller has handed over documents before that time, he may, up to that time, cure any lack of conformity in the documents, if the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. However, the buyer retains any right to claim damages as provided for in this Convention.(Conformity of the goods and third party claims)Article 35(1) The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract.(2) Except where the parties have agreed otherwise, the goods do not conform with the contract unless they:(a) are fit for the purposes for which goods of the same description would ordinarily be used;(b) are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgement;(c) possess the qualities of goods which the seller has held out to the buyer as a sample or model;(d) are contained or packaged in the manner usual for such goods or, where there is no such manner, in a manner adequate to preserve and protect the goods.(3) The seller is not liable under subparagraphs (a) to (d) of the preceding paragraph for any lack of conformity of the goods if at the time of the conclusion of the contract the buyer knew or could not have been unaware of such lack of conformity.Article 36(1) The seller is liable in accordance with the contract and this Convention for any lack of conformity which exists at the time when the risk passes to the buyer, even though the lack of conformity becomes apparent only after that time.(2) The seller is also liable for any lack of conformity which occurs after the time indicated in the preceding paragraph and which is due to a breach of any of his obligations, including a breach of any guarantee that for a period of time the goods will remain fit for their ordinary purpose or for some particular purpose or will retain specified qualities or characteristics.Article 37If the seller has delivered goods before the date for delivery, he may, up to that date, deliver any missing part or make up any deficiency in the quantity of the goods delivered, or deliver goods in replacement of any non- conforming goods delivered or remedy any lack of conformity in the goods delivered, provided that the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. However, the buyer retains any right to claim damages as provided for in this Convention.Article 38(1) The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances.(2) If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination.(3) If the goods are redirected in transit or redispatched by the buyer without a reasonable opportunity for examination by him and at the time of the conclusion of the contract the seller knew or ought to have known of the possibility of such redirection or redispatch, examination may be deferred until after the goods have arrived at the new destination.Article 39(1) The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.(2) In any event, the buyer loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof at the latest within a period of two years from the date on which the goods were actually handed over to the buyer, unless this time-limit is inconsistent with a contractual period of guarantee.Article 40The seller is not entitled to rely on the provisions of articles 38 and 39 if the lack of conformity relates to facts of which he knew or could not have been unaware and which he did not disclose to the buyer.Article 41The seller must deliver goods which are free from any right or claim of a third party, unless the buyer agreed to take the goods subject to that right or claim. However, if such right or claim is based on industrial property or other intellectual property, the seller's obligation is governed by article 42.Article 42(1) The seller must deliver goods which are free from any right or claim of a third party based on industrial property or other intellectual property, of which at the time of the conclusion of the contract the seller knew or could not have been unaware, provided that the right or claim is based on industrial property or other intellectual property: (a) under the law of the State where the goods will be resold or otherwise used, if it was contemplated by the parties at the time of the conclusion of the contract that the goods would be resold or otherwise used in that State; or (b) in any othercase, under the law of the State where the buyer has his place of business.(2) The obligation of the seller under the preceding paragraph does not extend to cases where:(a) at the time of the conclusion of the contract the buyer knew or could not have been unaware of the right or claim; or(b) the right or claim results from the seller's compliance with technical drawings, designs, formulae or other such specifications furnished by the buyer.Article 43(1) The buyer loses the right to rely on the provisions of article 41 or article 42 if he does not give notice to the seller specifying the nature of the right or claim of the third party within a reasonable time after he has become aware or ought to have become aware of the right or claim.(2) The seller is not entitled to rely on the provisions of the preceding paragraph if he knew of the right or claim of the third party and the nature of it.Article 44Notwithstanding the provisions of paragraph (1) of article 39 and paragraph (1) of article 43, the buyer may reduce the price in accordance with article 50 or claim damages, except for loss of profit, if he has a reasonable excuse for his failure to give the required notice.(Remedies for breach of contract by the seller)Article 45(1) If the seller fails to perform any of his obligations under the contract or this Convention, the buyer may: (a) exercise the rights provided in articles 46 to 52; (b) claim damages as provided in articles 74 to 77.(2) The buyer is not deprived of any right he may have to claim damages by exercising his right to other remedies.(3) No period of grace may be granted to the seller by a court or arbitral tribunal when the buyer resorts to a remedy for breach of contract.Article 46(1) The buyer may require performance by the seller of his obligations unless the buyer hasresorted to a remedy which is inconsistent with this requirement.(2) If the goods do not conform with the contract, the buyer may require delivery of substitute goods only if the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conjunction with notice given under article 39 or within a reasonable time thereafter.(3) If the goods do not conform with the contract, the buyer may require the seller to remedy the lack of conformity by repair, unless this is unreasonable having regard to all the circumstances. A request for repair must be made either in conjunction with notice given under article 39 or within a reasonable time thereafter.Article 47(1) The buyer may fix an additional period of time of reasonable length for performance by the seller of his obligations.(2) Unless the buyer has received notice from the seller that he will not perform within the period so fixed, the buyer may not, during that period, resort to any remedy for breach of contract. However, the buyer is not deprived thereby of any right he may have to claim damages for delay in performance.Article 48(1) Subject to article 49, the seller may, even after the date for delivery, remedy at his own expense any failure to perform his obligations, if he can do so without unreasonable delay and without causing the buyer unreasonable inconvenience or uncertainty of reimbursement by the seller of expenses advanced by the buyer. However, the buyer retains any right to claim damages as provided for in this Convention.(2) If the seller requests the buyer to make known whether he will accept performance and the buyer does not comply with the request within a reasonable time, the seller may perform within the time indicated in his request. The buyer may not, during that period of time, resort to any remedy which is inconsistent with performance by the seller.(3) A notice by the seller that he will perform within a specified period of time is assumed to include a request, under the preceding paragraph, that the buyer make known his decision.(4) A request or notice by the seller under paragraph (2) or (3) of this article is not effective unless received by the buyer.Article 49(1) The buyer may declare the contract avoided: (a) if the failure by the seller to perform any ofhis obligations under the contract or this Convention amounts to a fundamental breach of contract; or (b) in case of non-delivery, if the seller does not deliver the goods within the additional period of time fixed by the buyer in accordance with paragraph (1) of article 47 or declares that he will not deliver within the period so fixed.(2) However, in cases where the seller has delivered the goods, the buyer loses the right to declare the contract avoided unless he does so: (a) in respect of late delivery, within a reasonable time after he has become aware that delivery has been made; (b) in respect of any breach other than late delivery, within a reasonable time:(i) after he knew or ought to have known of the breach;(ii) after the expiration of any additional period of time fixed by the buyer in accordance with paragraph (1) of article 47, or after the seller has declared that he will not perform his obligations within such an additional period; or(iii) after the expiration of any additional period of time indicated by the seller in accordance with paragraph (2) of article 48, or after the buyer has declared that he will not accept performances.Article 50If the goods do not conform with the contract and whether or not the price has already been paid, the buyer may reduce the price in the same proportion as the value that the goods actually delivered had at the time of the delivery bears to the value that conforming goods would have had at that time. However, if the seller remedies any failure to perform his obligations in accordance with article 37 or article 48 or if the buyer refuses to accept performance by the seller in accordance with those articles, the buyer may not reduce the price.Article 51(1) If the seller delivers only a part of the goods or if only a part of the goods delivered is in conformity with the contract, articles 46 to 50 apply in respect of the part which is missing or which does not conform.(2) The buyer may declare the contract avoided in its entirety only if the failure to make delivery completely or in conformity with the contract amounts to a fundamental breach of the contract.Article 52(1) If the seller delivers the goods before the date fixed, the buyer may take delivery or refuse to take delivery.(2) If the seller delivers a quantity of goods greater than that provided for in the contract, the buyer may take delivery or refuse to take delivery of the excess quantity. If the buyer takes delivery ofall or part of the excess quantity, he must pay for it at the contract rate.(Obligations of the Buyer)Article 53The buyer must pay the price for the goods and take delivery of them as required by the contract and this Convention.(Payment of the price)Article 54The buyer's obligation to pay the price includes taking such steps and complying with such formalities as may be required under the contract or any laws and regulations to enable payment to be made.Article 55Where a contract has been validly concluded but does not expressly or implicitly fix or make provision for determining the price, the parties are considered, in the absence of any indication to the contrary, to have impliedly made reference to the price generally charged at the time of the conclusion of the contract for such goods sold under comparable circumstances in the trade concerned.Article 56If the price is fixed according to the weight of the goods, in case of doubt it is to be determined by the net weight.Article 57(1) If the buyer is not bound to pay the price at any other particular place, he must pay it to the seller: (a) at the seller's place of business; or (b) if the payment is to be made against the handing over of the goods or of documents, at the place where the handing over takes place.(2) The seller must bear any increase in the expenses incidental to payment which is caused by a change in his place of business subsequent to the conclusion of the contract.Article 58(1) If the buyer is not bound to pay the price at any other specific time he must pay it when theseller places either the goods or documents controlling their disposition at the buyer's disposal in accordance with the contract and this Convention. The seller may make such payment a condition for handing over the goods or documents.(2) If the contract involves carriage of the goods, the seller may dispatch the goods on terms whereby the goods, or documents controlling their disposition, will not be handed over to the buyer except against payment of the price.(3) The buyer is not bound to pay the price until he has had an opportunity to examine the goods, unless the procedures for delivery or payment agreed upon by the parties are inconsistent with his having such an opportunity.Article 59The buyer must pay the price on the date fixed by or determinable from the contract and this Convention without the need for any request or compliance with any formality on the part of the seller.(Taking delivery)Article 60The buyer's obligation to take delivery consists:(a) in doing all the acts which could reasonably be expected of him in order to enable the seller to make delivery; and(b) in taking over the goods.(Remedies for breach of contract by the buyer)Article 61(1) If the buyer fails to perform any of his obligations under the contract or this Convention, the seller may: (a) exercise the rights provided in articles 62 to 65; (b) claim damages as provided in articles 74 to 77.(2) The seller is not deprived of any right he may have to claim damages by exercising his right to other remedies.(3) No period of grace may be granted to the buyer by a court or arbitral tribunal when the seller resorts to a remedy for breach of contract.。
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国际货物买卖(进口/出口)合同(中文版)合同编号:签约日期:签约地点:卖方(签章):地址:电话:传真:电子邮箱:买方(签章):地址:电话:传真:电子邮箱:买卖双方在平等、互利原则上,经充分协商一致,由卖方出售,买方购进下列货物,并按下列条款履行:第一条.品名、规格:单位:数量:单价:总价:总金额:第二条.原产国别和生产厂:第三条.包装:须用坚固的木箱或纸箱包装。
以宜于长途海运/邮寄/空运及适应气候的变化。
并具备良好的防潮抗震能力。
由于包装不良而引起的货物损伤或由于防护措施不善而引起货物损失,卖方应赔偿由此而造成的全部损失费用。
包装箱内应附有完整的维修保养、操作使用说明书。
第四条.装运标记:卖方应在每个货箱上用不褪色油漆标明箱号、毛重、净重、尺寸、合同号、目的港、收货人编号并书以“防潮”、“小心轻放”、“此面向上”等字样和装运:。
第五条:交货条件:FOB/CFR/CIF/ ,。
除非另有规定“FOB”,“CFR”和“CIF”均应依照国际商会制定的《国际贸易术语解释通则》(INCOTERMS1990)办理。
第六条.装运日期:第七条.装运港口: _第八条.卸货港口:第九条.保险:当交货条件为FOB或CFR时,应由买方负责投保。
当交货条件为CIF时,应由卖方按发票金额%投保险;附加险:。
第十条.支付条件:(1)信用证(L/C)支付方式:买方收到卖方交货通知后,应在交货日前天,由________ 银行开出以卖方为受益人的不可撤销/可撤销信用证。
信用证于装运日期后天内有效。
该信用证适用UCP500/UCP600/ 的规定(2)托收(D/P或D/A)支付:A、货物装运后,卖方出具以买方为付款人的即期跟单汇票(D/P),连同装运单据,通过卖方所在地银行和买方银行交给买方进行托收。
B、货物装运后,卖方出具以买方为付款人的承兑跟单汇票(D/A),汇付款期限为后,按即期承兑交单(D/A 日)方式,通过买方所在地银行和买方________ 银行交给买方进行承兑,买方承兑后,向买方转交装运单据,买方按汇票期限到期支付货款。
(3)汇付(T/T或M/T):买方在收到卖方依本合同第十一条规定提交的装运单据后日内,以电汇/信汇方式支付货款。
(4)直接付款:买方收到卖方装运单据后天内,以航邮向卖方支付货款。
第十一条.单据:(1)卖方按照以下不同运输方式向买方提供相应单据:A、海运:全套清洁海运提单,标明“运费付讫”/“运费预付”,作成空白背书并加注目的港________ 公司。
B、空运:空运提单副本一份,标明“运费付讫”/“运费预付”,寄交买方。
(2)商业发票一式五份,标明合同号和货运唛头(若货运唛头多于一个,发票需单独开列),发票根据有关合同详细填写。
(3)在CIF条件下的保险单/保险凭证份。
(4)由厂商出具的装箱清单一式份。
(5)由厂商出具的质量和数量保证书。
(6)原产地证明书(7)货物装运后立即用电报/信件通知买方。
第十二条.装运条件:(1)FOB条款:A、a、由买方负责按照合同规定的交货日期租船订舱。
b、卖方船运代理________ 公司________ ,(电报:________ ),负责办理租船订舱事宜。
B、卖方应在合同规定的装运日期前天,用电报/信件将合同号、品名、数量、价值、箱号、毛重、装箱尺码和货抵装运港日期通知买方,以便买方租船订舱。
C、买方应在装船期前日通知卖方船名、预计装船日期、合同号,以便卖方安排装运,要求卖方与船方代理保持密切联系。
D、如果有必要改变装运船只或者其到达日期,买方或其运输代理应及时通知卖方。
E、如果船只不能在卖方通知的船期后日内到达装运港,买方应承担从第日起发生的货物仓储保管费用和此期间的货物保险费用。
F、若载运船舶如期抵达装运港,卖方因备货未妥而影响装船,则空舱费和滞期费均由卖方承担。
G、货物越过船舷之前,一切费用和风险由卖方承担;货物越过船舷之后,一切费用和风险属买方。
(2)CFR和CIF条款:卖方于本合同第六条规定的装运日期前天,以电报/信件把交货预定期、合同号、品名、发票金额等通知买方。
货物交办发运,卖方即刻以电报/信件将合同号、品名、发票金额、交办日期通知买方,以便买方及时投保。
第十三条.允许/不允许部分装运或转运。
第十四条.卖方有权在%数量内溢装或短装。
第十五条.质量保证:卖方保证:所供货物,其质量、规格和工艺符合本合同所作的说明,标明商标的货物包装为新的和未经使用的。
保证期为自货到目的港卸货完毕之日起12个月。
在质量保证期内,凡因设计、制造工艺和所有材料而产生的缺陷,卖方应自负费用进行修理或更换货物。
第十六条.检验:在货物运抵最终目的地后,买方有权向向货物检验机构申请对货物进行检验。
检验机构为中华人民共和国进出口商品检验局。
第十七条. 索赔:自货到目的港起天内,经发现货物质量、规格、数量、重量、包装、安全或卫生条件与合同规定不符者,除应由保险公司或船方承担的部分外,买方可凭前条规定的检验机构所出具的商品检验证书,有权要求更换或索赔。
卖方应在收到索赔要求后天内回复买方。
货到目的港起12个月内,使用过程中由于材料质量和工艺问题而出现的损伤,买方应当立即以书面形式通知卖方并出具前条规定的检验机构开列的检验证书,提出索赔,卖方应当承担违约责任。
卖方应在收到索赔要求后天内回复买方。
第十八条.不可抗力:(1)在货物制造和装运过程中,由于不可抗力的原因(如战争、严重火灾、水灾、台风和地震或其他由双方认可的事件)致使延期交货或不能交货,卖方概不负责。
卖方于不可抗力事件发生后,应立即通知买方并在事发天内,以航空邮件将事故发生所在地当局签发的证书寄交买方以作证据。
(2)在此情况下,买卖双方应当根据具体情况确定合同是否能够继续履行以及卖方是否仍有责任采取必要措施促使尽快交货。
(3)不可抗力事故发生后超过天而合同尚未履行完毕,买方有权解除合同。
第十九条.合同延期和罚款:除本合同十八条所述不可抗力原因外,卖方若不能按合同规定如期交货,应当提前通知买方,买方可同意延期交货,且可以同时相应减少议定的货款支付金额,并通知付款银行相应减少议定的支付金额。
该减少的部分作为合同延期履行的违约金,但违约金数额不得超过迟交货物总额的5%。
卖方若逾期10个星期仍不能交货,买方有权解除合同,且有权要求卖方如期支付上述违约金。
第二十条.合同争议的解决方式:凡涉及本合同或因执行本合同而发生的一切争议,应通过友好协商解决,如果协商不能解决,则可提交中国-西安仲裁委员会根据该会的仲裁规则和程序进行仲裁。
仲裁将在西安进行,仲裁裁决是终局的,对双方都有约束力。
仲裁费用由仲裁庭决定具体承担。
第二十一条.附加条款:(1)法律适用:本合同之签订地、或发生争议时货物所在地在中华人民共和国境内或被诉人为中国法人时,适用中华人民共和国法律,除此规定外,适用《联合国国际货物销售公约》/ 。
(2)本合同一式两份,自双方之日起生效,双方各执一份,具有同等法律效力。
(3)本合同为中英文两种文本,两种文本具有同等效力。
但两种文本若有差异,以中文为准。
卖方:买方:(签字)(签字)Sales ContractContract No.:Conclusion Date:Conclusion Place:The Seller:Address: ;Zip Code:Tel: ; Fax:The Buyer:Address: ;Zip Code:Tel: ;Fax:The Seller agrees to sell and the Buyer agrees to by the undermentioned commodity according to the terms and conditions stated below: of Commodity, Specification:Quantity:Unit:Unit Price:Amount:Total Value:2.Country of Origin and Manufactorers:3.Packing:To be packed in new strong wooden case(s) or in carton(s), suitable for long distance ocean/parcel post/air freight transportation and to change of climate, well protected against moisture and shocks.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 improper protective measures taken by the Seller in regard to the packing.One full set service, maintenance and operation instructions concerned shall be enclosed in the case(s).4.Shipping Mark:The Seller shall mark on the four adjacent sides of each package with fadeless paintin.g the package number, gross weight, net weight, measurement, Contract No, port of destination, consignee code and the wordings: “KEEP AWAY FROM MOISTURE”, “HANDLE WITH CARE”, “THIS SIDE UP”, and the shipping mare.5.Terms of Delivery:FOB/CFR/CIF/ , .The terms “FOB”, “CFR” or “CIF” shall be subject to the “International Rules for the interpretation of Trade Terms”(INCOTERMS1990) provided by International Chamber of Commerce (ICC) unless otherwise stipulated herein.6.Time of Shipment:7.Port of Shipment:8.Port of Destination:9.Insurance:If the term of delivery is on FOB or CFR basis, insurance shall be effected by the Buyer.If the term of delivery is on CIF basis, insurance shall be covered by the Seller for% of the invoice value against ; Additional insurance .10.Terms of Payment:10.1 Letter of CreditThe Buyer shall, after receiving the notice of delivery from the Seller and days prior to the time of shipment, open an irrevocable/revocable Letter of Credit in favour of the Seller inBank. The L/C shall expire days after the completion of loading of the shipment.The applicable law for the L/C is UCP500/UCP600/ .10.2 Collection (D/P or D/A)10.2.1 After shipment, the Seller shall draw a sight bill of exchange on the Buyer and deliver the documents through Seller’s bank andBank to the Buyer against payment, i.e D/P. The Buyer shall effect the payment immediately upon the first presentation of the bill of exchange.10.2.2 After shipment, the Seller shall draw a bill of exchange, payabledays after on the Buyer and deliver the documents through Seller’s bank andBank to Buyer against acceptance (D/A days). The Buyer shall make payment on the maturity date of the bill of exchange.10.3 T/T or M/TThe Buyer shall make payment through T/T or M/T days after receiving the documents required as the Article 11 from the Seller.10.4 Direct paymentThe Buyer shall make direct payment through air mail days after receiving the documents from the Seller.11.Documents Required:11.1 The Seller shall present the following documents to the Seller against the different delivery:11.1.1 ShippingFull set of clean on board ocean Bills of Lading and blank endorsed marked freight prepaid/to collect and indicated Company of destination port.11.1.2 Air ParcelA copy set of air parcel lading marked freight prepaid/to collect and post to the Buyer.11.2 Commercial Invoice , marked the contract number and shipping mark (the invoice should be printed separately if there are more than one shipping marks), which should be filled in accordance with the Contract in details.11.3 Under the term of CIF, Insurance Policy/ Insurance Certificate11.4 Packing List11.5 Quality and Quantity Certificate11.6 Certificate of Origin11.7 The Seller shall immediately inform the Buyer through telegraphor letter after loading.12.Terms of Shipment12.1 In Case of FOB Terms,12.1.1 a The Buyer shall book shipping space in accordance with the date of shipment stipulated in the Contract.b The shipping agent of the Seller(telegraph: ) shall book shipping space in accordance with the Contract.12.1.2 The Seller shall days before the date of shipment stipulated in the Contract advise the Buyer by Telex/Fax of the Contract number, the name of commodity, quantity, total amount, package number, total weight, and volume and the date from which goods in ready for loading at the port of shipment, in favour of the Buyer to book shipping space.12.1.3 The Buyer shall days before the date of shipment stipulated in the Contract, notify the Contract number for the Seller to effect shipment.12.1.4 In case the carrying vessel of the date of arrival has to be changed, the Buyer or the shipping agent shall advise the Seller in time.12.1.5 Should the vessel fail to arrive at the port of shipment withindays after the arrival day advised by the Buyer, the Buyer shall bear the storage expense and the insurance cost calculated from the days thereafter.12.1.6 The Seller shall be liable for any dead freight or demurrage, should they fail to have the quantity of the goods ready for loading in time as stipulated, while the carrying vessel has arrived at the port of shipment as advised.12.1.7 The Seller shall bear all expenses, risks of the commodity before it passes over the vessel’s rail and is released from the tackle. After it has passed over the vessel’s rail and been released from the tackle, all expenses of the commodity shall be for the Buyer’s account.12.2 In Case of CFR and CIF Terms,The Seller shall days before the date of shipment stipulated in the Contract advise the Buyer by Telex/Fax of the Contract number, the name of commodity, invoiced value for the Buyer. The Sellershall, immediately upon the completion of the loading of the goods, give a shipping notice to the Buyer by Telex/Fax. The notice includes the Contract number, name of commodity, invoiced value for the Buyer to effect insurance.13 Partial shipment and the transshipment are/are not allowed.14 With % more or less both in amount and quantity allowed at the Seller’s option.15 Warranty:The Seller shall warrant that all goods delivered by the Seller shall be in conformity to the Contract stipulations, brand new and unused. Warranty period in within 12 months after the date of the arrival of the goods at the port of destination. Within the warranty period, the Seller shall remove all defects of the goods due to design, workmanship and improper material used either by repairing or by replacing the defective parts or the goods on his own account.16 Inspection:The Buyer shall have the right to apply to the inspection organization for the inspection of the goods after the arrival of the goods at the final destination/at the port of destination. The inspection organization is Import & Export Commodity Inspection Bureau of the People’s Republic of China.17. Claims:Within days from the date of the arrival of the goods at the port of destination, should quality, specification, quantity, weight, packing and requirements for safety or sanitation/hygiene of the goods be found not in conformity with the stipulations of this Contract, the Buyer have the right to lodge claims against the Seller on the strength on the inspection certificate issued by the inspection organization, except those for which either the insurance company or the shipping company should undertake the obligations. The Seller shall reply the Buyer no later than days after receipt of the claims.Within months from the date of the arrival of the goods at the port of destination, should be found damages for the matter of the material quality and craft, the Buyer should written inform the Seller and lodge claims on the strength on the inspection certificate issued by the inspection organization. The Seller shall reply the Buyer no later than days after receipt of the claims.18. Force Majeure:18.1 The Seller shall not be held responsible for the delay in shipment of the goods due to Force Majeure such as war, serious fire, flood, typhoon and earthquakes or other events agreed upon by both parties, which might occur during the process of manufacturing or in the course of loading or transit. The Seller shall advise the Buyer immediately of the occurrence mentioned above and within days thereafter, the Seller shall send by airmail to the Buyer for their acceptance a certificate of the accident issued by the Competent Government Authorities where the accident occurs as evidence thereof.18.2 Under such circumstances, both parties should make a certain whether the Contract could be performed and the Seller is still under the obligation to take all necessary measures to expedite the delivery of the goods.18.3 In case the accident lasts for more than days and the performance does not be completed, the Buyer shall have the right to terminate the contract.19. Late Delivery and PenaltyShould the Seller fail to make delivery on time as stipulated in the contract, with exception of Force Majeure causes specified in Clause 18 of this contract the Seller shall days before the time of stipulated delivery inform the Buyer. If the Buyer agree to postpone the delivery on condition that the payment could be reduced, which shall be deducted by the paying bank from the payment. The reduced part of value, as a penalty of late delivery, shall not exceed 5% of the total value of the goods involved. In case the Seller fails to make delivery ten weeks later than the time of shipment stipulated in the contract, the Buyer shall have the right to terminate the contract and the Seller, in spite of the termination, shall still pay the aforesaid penalty to the Buyer without delay.20. Dispute Resolution RulesAll disputes in connection with this contract or the execution thereof shall be settles friendly through negotiations. In case no settlement can be reached, the case may then be submitted for arbitration to Xi’an Arbitration Commission in accordance with the arbitral rules promulgated by the said Arbitration Commission. The arbitration shall take place in xi’an and the decision of the tribunal of Arbitration Commission shall be final and binding upon both parties. Arbitration fee shall be borne by the parties as the decision of the tribunal.实用标准文档21 Special Provisions21.1 The Contract will be governed by the law of the People’s Republic of China under the circumstances that the contract is signed or the goods while the disputes arising are in the People’s Republic of China or the defendant is Chinese legal person, otherwise is governed by United Nations Convention on Contract for the International Sale of Goods/ .21.2 The Contract shall come into force from the date of . In witness therefore this contract is signed by both parties in two original copies; each party holds one copy.21.3 The Contract is executed in two counterparts each in Chinese and English, each of which shall be deemed equally authentic. In the event of any conflict between the different versions, the Chinese version shall prevail.The Buyer: The Seller:文案大全。