Sie sind auf Seite 1von 38

CONTRACT No …

Place, Date …
* CONTRACT Between: Name: …
Address: …
Tel: … Fax: … Email: …
Represented by …
Hereinafter called the SELLER
And: Name: …
Address: …
Tel: … Fax: … Email: …
Represented by …
Hereinafter called the BUYER
The SELLER has agreed to sell and the BUYER has agreed to buy the
commodity under the terms and conditions provided in this contract as
follows:
Art.1: Commodity:
Art.2: Quality:
Art.3: Quantity:
Art.4: Price:
Art.5: Shipment:
Art.6: Payment:
Art.7: Packing and marking:
Art.8: Warranty:
Art.9: Inspection:
Art.10: Force Majeure:
Art.11: Claim:
Art.12: Arbitration:
Art.13: Other terms and conditions:
… (Loading terms/loading and discharging rate; Performance Bond,
Insurance; Penalty)

For the BUYER For the SELLER


1
TERMS
1.COMMODITY
a. Common name+ scientific name:
b. Name+ origin
c. Name+ specifications
d. Name+ production time
e. Name+ trade mark
f. Name+ functions
g. Name+ model
h. Combination

2
TERMS
1.COMMODITY

• Vietnamese long grain white rice of 10% broken, crop 2019

• Two-litre multi rice cooker, Sanyo brand, model AB12,


made in Japan, 2019

• Charger AB 123, 110V/220V for large battery.

3
2.QUANTITY/ WEIGHT/ AMOUNT OF GOODS)

- Piece, unit…
- MT, kg, gallon….
- Bag, box, bottle …
LT=long ton=1016,047 kg
ST=short ton=907,187kg

4
1. Net Weight 10,000 MT +/- 10% (at the seller’s option)

2. 100 sets, one set with one catalogue and one adaptor .

3. 500 MT+/- 5% at the seller’s option in accordance with the


market price/ contract price.

5
3 .QUALITY/ SPECIFICATION / DESCRIPTION OF GOODS:
a. by sample:

Quality:
* As per sample no…., in the possession of
the Buyer on …… The sample must have
the signatures of all Parties. The sample is
to be made in 03 copies for the Buyer, the
Seller and the Surveyor. The sample is an
integral part of the Contract.

6
3 .QUALITY/ SPECIFICATION / DESCRIPTION OF GOODS:

b. By standard :

Quality:
1. Arabica grade 1, TCVN 4193 : 2001
2. In accordance with TCVN --------- in effect in--------

7
c. By specification:

Specification:
- Mainboard ECS 845GV-M3 – Socket 478
- CPU Intel Pentium 4 Processor – Socket 478
-Monitor 15 inch Samsung SyncMaster
- Medium Tower Case ATX ROBO
- Keyboard PS/2 ROBO Multimedia
- Mouse PS/2 ROBO Optical Scroll
- CD Rom 52X

8
By the state of the goods:
Quality: As it is

By the goods inspected before


Quality: As inspected and approved by the Buyer

9
Quality:

The quality of the Goods is as per


the attached Technical Documents
agreed by the Buyer. Technical
Documents are in Vietnamese. The
Technical Documents are an integral
part of the Contract.
10
Quality:

The Goods shall be with X trademark,


officially registered at …… The quality
of the Goods shall be in conformity with
the quality of X trademark.

11
By description:
Pepper: clean, dry, black, hot taste
- Moisture: 14%
- Admixture: 1%
- Not mouldy or mouldy
smelling

12
By description:
Yellow sesame: new crop, dry, clean,
no worm eaten
- Moisture: 8% Max.
- Other color grain: 2% Max.
- Admixture: 1% Max.
- Oil content: 45% Min.
- Acid index: 3 Max.

13
By description:
+ Moisture: 14 % max
+ Foreign matter: 0.5% max
+ Broken: 25.00% max
+ Whole grain: 40.00 % min
+ Damaged kernel: 2.00% max
+ Chalky kernel: 8.00% max
+ Red kernel: 4.00% max
+ Immature kernel: 1.00% max
+ Milling degree: ordinary milled

14
4. PRICE:

setting price:
a. fixed price: “100 USD/kg FOB HP port, Incoterms 2000”

b. deferred fixing price:


“Shall be set in May, 20.. at the price of 85 USD/MT lower than
posted price for Robusta grade 1 at LIFFE”

c. flexible price:
“ 220 USD/MT FOB HP, Incoterms 2000. The price shall be
changed if on delivery, market price varies more than 10%”

15
Unit price
Total amount
Packing
Accessories

Price:
Unit price: USD 200.00
Total amount: 200 USD x 200 sets = 40,000 USD
(Forty thousand US dollars only)
The price is to be understood FOB Singapore,
Incoterms 2000 including packing and
accessories

16
5. DELIVERY/ SHIPMENT:
A. Time of delivery:

B. Place of delivery:
Port of discharge
Port of destination

C. Mode of delivery
Lump-sum. Partial- shipment, installments.

17
5. DELIVERY/ SHIPMENT:

5.1 Time of shipment: not later than ------


5.2 Port of loading: Indonesia main ports
5.3 Destination port: Hochiminh City Port
5.4 Notice of shipment:
Within 2 days after the sailing date of carrying vessel
to S.R Vietnam, the Seller shall notify by cable to the
Buyer the following information:
+ L/C number
+ Amount
+ Name and nationality of the vessel
+ Bill of Lading number/ date
+ Port of loading
+ Date of shipment
+ Expected date of arrival at discharging port

18
6. PAYMENT:
a. currency of payment

b. time of payment:

19
c. Place of payment:

d. Mode of payment:

20
Payment:
- By TT remittance within 7 days from receipt of
shipping documents (original) to …. account
No.: ……. in ……bank, HCM city, HN
- Payment shall be made upon receipt of these
shipping documents such as:
+ Full set (3/3) of clean on board Bill of lading,
marked: Freight prepaid
+ Commercial invoice in triplicate
+ Packing list in triplicate
+ Certificate of origin issued by ……………

21
Payment:
* Within a week after receipt of Notice of
Shipment, the Buyer shall make full payment by
T/T to the account of the Seller from X bank to
Y bank

22
Payment:
By D/P base-telegraphic reimbursement right
after receipt of shipping documents from ----
-----bank HCM city/ HN
Reimbursement of 100% contract value is to
be transferred to the Seller’s Account no.: ……
at -------bank.
Buyer’s bank: ----------- ( name)
Add:………………..
Following documents must be presented to:
+ Full set (3/3) of clean on board Bill of
lading, marked: Freight prepaid
+ Commercial invoice in triplicate
+ Packing list in triplicate
23
Payment:
The Buyer shall open an at sight, irrevocable L/C in USD
to make a total payment for the Goods. L/C shall be
opened at least 15 days before the estimated time of
delivery and shall be valid for 21 days from the delivery
date.
Beneficiary: ABC co…..
Advising Bank: Korea First Bank…
Issuing Bank: Vietinbank …
L/C is payable upon presentation of the following
documents:
- A full set of original clean, on board B/L, Freight
Prepaid
- Commercial Invoice in triplicate
- Certificate of quality by SGS
- Packing list in triplicate
- Certificate of origin issued by VCCI
- Insurance policy: 1 original, 2 copies 24
Payment:
By Irrevocable Letter of Credit at sight
Buyer shall open an Irrevocable Letter of
Credit at sight in favour of the Seller through
VIETCOMBANK which requires the following
documents for negotiation:
Full set of Signed commercial Invoice
Full set of Clean on board original Bill of
lading
Certificate of Origin
Certificate of quality/weight issued by
independent supervisor
Certificate of Phytosanitary
Certificate of Fumigation
25
7. PACKING AND MARKING
Types of packing:

Bag, gunny bag, paper bag, bale, barrel,


box, case, wooden case, plywood case,
double case, fiberboard case, carboy,
crate, carton, corrugated carton,
container, drum, package, roll, sack, tin.

Outer bag, inner bag, intermediate bag.

26
Packing and marking

Export Standard Seaworthy Packing

27
Packing and marking

These Goods shall be packed in bags of


50kgs net each, and then the Goods shall
be stuffed in container 20’.

28
8. WARRANTY

All equipment and accessories under the Seller’s scope of


responsibility shall be within 12 months warranty by the
Manufacturer from the date of Final Acceptance Report,
but not exceeding 14 months from the date on Bill of
Lading. For consumable items, components and spare
parts, Manufacturer’s warranty conditions apply.

During the warranty period, the Seller is responsible for


technical support to help the Buyer in solving technical
problems if the Goods show any defects. The first line of
technical support shall be by telephone and/or email.

29
9. Inspection

Inspection Report issued by SGS/or


Independent Surveyor at Loading Port is
required. Inspection fee before loading is on
the Seller's account.
Re-inspection at unloading port by SGS or
VINACONTROL is on the Buyer's account and
result of re-inspection at unloading port is
final for claim (if any)

30
10. Force Majeure
The Force Majeure clause of the International
Chamber of Commerce (ICC publication No:---
- ) is hereby incorporated in this contract.
Either party shall within 24 hours give notice
to the other party of any Force Majeure event
affecting its obligations under this Contract
along with documentary evidence issued by
the Chamber of Commerce at the place where
the incidence occurred or by the competent
authority connected with the cause.
Should the effect of Force Majeure continue
for more than 30 consecutive days, both
parties have a right to cancel this Contract. 31
11. CLAIM
In case of non-conformity of the quality of the
products actually delivered by the Seller with the
Contract specifications, any claim concerning the
quality of the goods must be presented to the Seller
within three months from the date of delivery
No claims shall be accepted by the Seller party after
expiry of the above period.

32
12. ARBITRATION

In case of dispute and if the contracting


parties cannot reach an amicable settlement of
any claim concerning this Contract, the case
shall be transferred to the Singapore
International Arbitration Center (SIAC) in
accordance with Singapore law under ICC rules
of arbitration. The decision taken by this
arbitration shall be final. All fees and
expenses incurred from this arbitration shall
be borne by the losing party.

33
12. ARBITRATION

All disputes arising out of or in relation to this


Contract, on which an amicable agreement is
not reached between both parties, shall be
finally settled by the VietNam International
Arbitration Centre (VIAC) at the VietNam
Chamber of Commerce and Industry (VCCI) in
HaNoi in accordance with its arbitration rules
and procedures, whose award shall be final
and binding on both parties. Arbitration fee
and all of fees and charges relating to
arbitration shall be borne by the losing party.
34
12. OTHER TERMS AND CONDITIONS
This Contract comes into effect since the date
of signing and both parties undertake to
execute strictly all the terms and conditions.
All previous agreements shall become null
and void.
Any changes or amendments to this Contract
shall be made in writing and subject to prior
approval from both parties.
Singapore law is applicable for this Contract.
The Incoterms 2000 edition is applicable as
terms of delivery.
This contract is made in English language in
04 originals, two of which are retained by
each party. 35
Signing via fax is acceptable.
1. Dunnage and bamboo mat are for the
buyer’s account
2. Shore tally to be at the Seller’s account
3. Vessel’s tally to be at the Buyer’s account
4. All export duties, taxes, levied in the
country of origin to be at the Seller’s
account

36
5. The certificate of quality, weight and
packing issued by Vinacontrol at the
loading port to be final and for the Seller’s
account.
6. Fumigation to be effected on board the
vessel after completion of loading with
expenses to be at the Seller’s account.
7. Time for fumigation is not counted as lay
time.

37
8. In case of delay in payment, the Buyer shall
remit to the Seller interest calculated from
the date of presentation of documents to
the bank in---- to the date of effective
receipt of due amount. The interest will be
calculated at Libor rate plus 1 per cent.

38