贸易合同中的9个重要条款

贸易合同中的9个重要条款

1、管辖权条款（Jurisdiction Clause）：在合同里出现的管辖条款便于出现纠纷时卖方提出诉请并进行协商。

参考条款：All disputes arising from the execution of, or In connection with this contract, shall be settled amicably through friendly negotiation. In case no settlement can be reached through negotiation, the case shall then be submitted to the Foreign Economic and Trade Arbitration Commission of the Promotion of international Trade, Beijing, for arbitration in accordance with its rules of procedure. The arbitration award is final and blinding upon both parties.

2、物权保留条款（Retention of Title ）：这一条款的目的在于卖方在获得货款之前保有对货物的所有权。

参考条款：The ownership of the goods shall not pass to customer and full legal and beneficial ownership of the goods shall remain with the seller unless and until seller has received the payment in full for the goods.

3、异议期（Complaint period）：参考条款：The buyer must examine the goods, or cause them to be examined,

within as short a period as is practicable in the circumstances. The buyer loses the right to rely on a lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.

4、约定第三方质检机构（Inspection report by whom?）：第三方机构出具的检验报告是出现质量纠纷时的重要证据。

参考报告

5、明确产品标准（Specify the standard of the products）：标明出售的货品的明细以及产品标准是至关重要的，如CE认证、CEN标准、CENELEC标准、ETSI标准等等。

参考条款：The Supplier shall comply with the SKF Quality Standards for Suppliers.

6、责任限额（Limit liability）：

参考条款：To the fullest extent permitted under applicable law, our liability of any kind or nature ,whether in contract (including fundamental breach), warranty, tort (including negligence) or otherwise, does not extend to, and we shall not be liable for, any consequential, special, indirect, or incidental losses or damages whether foreseeable or not.

7、约定唯一付款帐户（Exclusive payment account）：避免因黑客事件或欺诈行为造成损失。

参考条款：Payment can only be made on the bank account:

………………..

Unless agreed in writing by the legal

representatives of both parties.

Payments in cash or in any other account

will not be regarded as a legal payment.

8、信用保险条款（Subject to coverage by Sinosure）：

参考条款：Payment terms are subject to credit insurance at Sinosure. In case a customer cannot be

insured, seller may request prepayment or a letter of credit.

9、无独家授权条款（Non exclusivity）：目的是避免买方提出不正当的反诉。

参考条款：Buyer cannot claim any exclusive right under this contract nor any compensation for any costs they may occur while selling and/or market the products. Seller has the right to sell its products to any entity they choose for any price they seem fit.