合同(英语)

CONTRACTNo:Date: Sign at:Buyers:Address:Tel: Fax: Telex: Cable:Sellers:Tel: Fax: Telex: Cable:The undersigned sellers and buyers have agreed to close the following transactions according to the terms and conditions stipulated below:1. Subject of ContractBoth parties agree that on the principle of equality and mutual benefit the buyers will purchase the following commodities from the sellers. Their name, specification,quantity,unit price and amount fully detailed in annex No. . All the annexes to the contract are inseparable parts of the contract.2. Total Value3. Terms of Delivery: (DAF, CLF, FOB) …The terms of delivery are subject to INCOTERMS formulated by International Chamber of Commerce unless otherwise provide. The sellers have the option to load % more or less than the quantity contracted.4. Origin of Commodity:5. Packing:6. Time of Delivery:7. Port of Delivery & Destination:8. Insurance:9. Terms of Payment:This contract adopts the settlement term by (a.L/C b. Collection: D/P sight or D/A c. Remittance: M/T or T/T)A(1) The buyers should open a L/C (irrevocable, documentary,confirmed/unconfirmed, sight, transferable, revolving, reciprocal, partial shipment allowed/not allowed)though the opening bank in sellers’favour.This L\C remain valid in beneficiary’s country within days after the delievery.(2)When the advising bank receives an irrivocable L\C issned by the buyers,the sellers should ask bank to open % of the L\C amount to the opening bank as a margin.The whole amount of the margin will be returned to the sellers after commodities the are loadsde and delivered.If the commodities can not be delivered wholly or partly on time for the reason other than those stipulated in clause 13,the margin should be paid to the buys as a penalty as stipulated in clause 11.B After the commodities are loaded ,the sellers should draw a draft for buyers’account in the term of[①:document bill—D\P sight;②: D\Asight upon the buyers’acceptance on days].The sellers passed on documents to the buyers thuough sellers’bank or bank,The buyers (effect payment according to the term of the term of the draft,orbarter with the sellers )C The buyers should effect payment by M\T or T\T with in days after receiving the documents presented by sellers as stuipulated in clause 10.D When the commodities reach the designed frontier station and come into the disposal of the buyers,the delivery is supposef to be completed .The ownship and the risk of accidental of accidental loss or quality damage to the commodities are transfered form the sellers to buyers ,The buyers settle with the sellers by the bill of lading to a named consignee within days [upon,after ,or before]the seller’s delivery.10.The seller should present the following documents:(1)Full set of clean bills of lading made out to order and blank endorsed,mared [freight perpaid\payable at destimnation] in copies.(2)Signed commercial invoice in copies.(3)Certifical of origin in copies.(4)Packing list in copies(5)Inspection certificate on quality and weight in copies(6)Insurance policy \certificate covering CIF in Copies11.PenaltyIn case of delay or failure in delivery or payment,the party in breach should pay. The penalty to the other party, unless it is for the reason stipulated in clause 13. The amount of daily penalty should be caculated as per % of the amount of delay or failure in delivery or payment. or payment. But the total amount of penalty should not exceed % of the amount of nonperformance of the contract. If the party in breach has paid a margin in advance, the margin will be paid to the other party as a penalty at a certain rate or be deducted completely as stipulated.12. ClaimIn case the quality, specification, quantity, weight, package or sanitary condition are not in conformity with the contract, claim should be filed by the buyers within days after the arrival of the goods at destination. The buyers reserve the right to lodge a claim or ask for replacement on the strength of the inspection certificate issued by except when the insurance company or the carrier is liable.13. Force MajeureIn case of force Mjeure ( war, civil war, earthquake, blockade, fire, flood etc. ) or fortuitous accident which interfers the excuting of this contract, the suffering party should furnish the other party with a certificate of force majeure accident issued by relative authority within days after the closure of the force majeure of fortuitous accident. In that case, the suffering may be immune from responsibility and both party should negotiate as to whether the contract must be cancelled or executed.14. ArbitrationAll disputes arising from the execution of contract or in connection with this contract shall be settled amicably through friendly negotiation between both parties or mediation by a third party ( including authority mediation and civil mediation). In the event that no settlement can be reached, the case in disputeshall be submitted for arbitration to ( Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade, Kazakhzstan Industry and Commerce Commission or……) in accordance with the its provisional arbitration procedure and rules. The arbitral award is final and binding upon both parties. The arbitration expenses shall be borne by the losing party.15. Executive Parties: upon contract, on behalf of the chinese party is (the conignor/ the consignee); on behalf the foreign party is (the conignor/ the consignee); the above parties should be liable all obligation of the contract.16. Other Terms & ConditionsOther terms and conditions shall be subject to《The Common Delivery Terms》signed by PRC and the former USSR on May 13, 1990. An annex to the contract is an inseperable part of the contract. This contract is written in Chinese and English, both versions being authentic. This contract shall come into force after it is signed by the representatives of both parties. Each party holds a Chinese and an English copies.The Buyers: The Sellers:(Signature) (Signature)Commodity ListContract No:Date: Annex No:Name of commodity Specification Unit Quantity Unit Price(US$) Total Amount(US$) Time of DeliveryTotal This commodity list in copies Total valus(capital) (US$) Port of Delivery Packing:Consignee:The sellers: The Buyers:。