合
CONTRACT
合号NO DZ311207DS01KX04
日期DATE DEC 06 2011
签约PLACE KUNMING
买方：
THE BUYER K
址：
ADDRESS
电话TEL：
传真FAX：
The Sellers
卖方：
Address 址：
Tel Fax
合买卖双方根列条款条件买卖双方协商签订便遵守：
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 commodity according to the terms and conditions stipulated below
1 商品明细Description of goods
序号
No
商品名称描述
Commodity Specification
单位
Unit
数量
Qty
单价(USD)
Unit Price
总价(USD)
Total Amount
01
套
1
3424700
3424700
Total CIP Kunming Airport China USD3424700
TOTAL SAY TOTAL US DOLLARS THIRTY FOUR THOUSAND TWO HUNDRED AND FORTY SEVEN ONLY
备注：运输程中造成软件介质损坏丢失卖方负责周重新发货者提供完软件介质
2 原产国制造商COUNTRY OF ORIGIN AND MANUFACTURERS USASTRATASYS
3 坚固纸箱装适合远程航空／陆运输气候变化妥善防潮防震包装套仪器机械附整套说明书包装良造成货物残损包装防护设备周招致货物发生锈蚀均卖方承担责
To be packed in strong carton(s) Suitable for long distance air freightland transportation and the change of climate well protected against moisture and shocks One full set of oprating instructions for each instrument or machine shall be enclosed in the Package(s) The Sellers shall be liable for any damage of the commodity and expenses incident thereto on account of improper packing and for any rust attributable to inadequately or improperly protective measures taken by the Sellers in regard to the packing
4 装运唛头SHIPPING MARK
卖方应件货物包装外表褪色颜料刷明件号毛重净重尺码列字句： 勿潮湿心轻放边等列唛头：
The Sellers shall mark on each package with fadeless paint the package number gross weight net weight measurement and the wordingskeep away from moisture handle with carethis side up etc and
the shipping mark DZ311207DS01KX04
Kunming Airport China
5 装运期限TIME OF SHIPMENT 合签订免税办理完毕30天 Within 30 days after the signing of this contract and the issue of dutyfree paper
6 装运港PORT OF LOADING美国机场 Main Airport of USA
7 目港PORT OF DESTINATION Kunming Airport China中国昆明机场
8 付款方式TERM OF PAYMENT 100电汇买方收户 款项时二工作日合全款汇甲方指定账户
银行资料：
Bank Name
Bank Address
Bank Account No
SWIFT Code
National Bank Code
All banking charges inside China shall be borne by the Buyer while those outside China by the Seller
国银行费买方承担国外银行费卖方承担
9 文件DOCUMENTS：
1) One original Airway Bill marked Freight Prepaid indicating contract No name of commodity and the notify party is the buyer 份注明运费已付航空正运单显示合号货物名称通知买方
2) Manually signed invoice in 3 original(s) indicating Contract number made out in details as per the relative Contract 注明合号货物明细商业发票正式三份
3) Packing list in 3 original(s) with indication of gross and net weights measurements and quantity of each item packed type of outer packing packing quantity and packing material 注明毛净重尺码装货物项品名数量外包装物类型包装数量包装材质装箱单正式三份
4) One set (included in 1 original and 1 copy) of Insurance Certificate 全套（正副）保险单
5) Certificate of Quality issued by the Seller in one original 卖方签署质量证明书正份
6) Certificate of Origin in 1 original and 2 copies商品原产证明正份副两份
7) NonWooden Packing Declaration in 1 original for the nonwooden packing material or Seller’s Certification certifying that the package(s) hashave been labeled with IPPC mark 采非木质包装材料时提供非木质包装声明份采木质包装材料时提供书面声明确认木质包装已IPPC标识
The seller shall send full set of abovementioned documents to the buyer in one lot by Air Courier within 2 days after shipment卖方应货物发运两日述全套单证快件寄买方
10 装运通知 SHIPPING ADVICE
货物全部装运卖方应立合编号商品名称数量毛重发票金额航班号起航日期传真通知买方
Immediately the goods are completely loaded the Sellers shall fax to notify the Buyers of the contract number name of commodity quantity gross weight invoiced value flight number and the flight date
11 品质保证GUARANTEE OF QUALITY
卖方应保证设备材料制成采新制造工艺设备全新未符合合附件规定方面质量技术求性保修期货物达目港验收合格起12月迟超货物达目港日起14月
The Sellers guarantee that the commodity hereof is made of the best materials with first class workmanship brand new and unused and complies in all respects with the quality and specification stipulated in this Contract and conforms to the data sheets or technical manuals of the commodities contract
The guarantee period shall be 12 months counting from the date on which the commodity arrives at the port of destination and counting from the date on which the Acceptance Certificate has been signed by the representatives of both parties if the installation and inspection for acceptance of the commodities contracted are required but no later than 14 months counting from the date on which the commodity arrives at the port of destination
12 索赔CLAIMS
货物达目港90天发现货物规格数量合规定相符（保险公司运输公司造成外）买方中国商检局检验证明提出索赔：更换新货品差额补偿维修费（检验费修理费货物返航货物换费修理费保险保存装载卸载费等）卖方承担关质量问题卖方应保证合第十二条规定保质期发生质量工艺差材料引起损坏买方应立书面通知卖方中国出入境检验检疫局检验报告提出索赔
检验报告作索赔证卖方应根买方索赔负责解决货物缺损完全部分换根缺损情况商品降价果必买方权求卖方承担费行解决问题果卖方接买方述索赔求月没答复视卖方接受索赔求
Within 90 days after the arrival of the goods at destination should the specification or quantity be found not in conformity with the stipulations of the Contract except those claims for which the insurance company or the Carriers are liable the Buyer shall on the strength of the Inspection Certificate issued by Entry & Exit Inspection and Quarantine Bureau of China have the right to claim for replacement with new goods or for compensation or repair and all the expenses (such as inspection charges repairing fee freight for returning the goods and for sending the replacement or the repaired goods insurance premium storage and loading and unloading charges etc) shall be borne by the Sellers As regards quality the Sellers shall guarantee that if within the guarantee period stipulated in Clause 11 of this Contract damages occur in the course of operation by reason of inferior quality bad workmanship or the use of inferior materials the Buyers shall immediately notify the Sellers in writing and put forward a claim supported by Inspection Certificate issued by Entry & Exit Inspection and Quarantine Bureau of China
The Certificate so issued shall be accepted as the base of a claim The Sellers in accordance with the Buyer’s claim shall be responsible for the immediate elimination of the defect(s) complete or partial replacement of the commodity or shall devaluate the commodity according to the state of defect(s) Where necessary the Buyers shall be at liberty to eliminate the defect(s) themselves at the Sellers’ expense If the Sellers fail to answer the Buyers within one month after receipt of the aforesaid claim the claim shall be reckoned as having been accepted by the Sellers
13 抗力FORCE MAJEURE：
制造装卸运输程中抗力素导致延迟交货卖方承担责卖方必须事发14天述事记载买方接受政府部门出示关偶然事证明通航空快件发买方样处境卖方需力采取必措施保证快供货果事持续超10周买方权撤消未发货订单延迟交货时间
The Sellers shall not be held responsible for the delay in shipment or nondelivery of the goods due to Force Majeure such as war serious fire flood typhoon and earthquake or other events agreed upon between both parties which might occur during the process of manufacturing or in the course of loading or transit The Sellers shall advise the Buyers immediately of the occurrence mentioned above and within fourteen days thereafter the Sellers shall send by airmail to the Buyers for their acceptance a certificate of the accident issued by the Competent Government Authorities where the accident occurs as evidence thereof
Under such circumstances the Sellers however are still under the obligation to take all necessary measures to hasten the delivery of the goods In case the accident lasts for more than 10 weeks the Buyers at its option may delete the undelivered goods from its purchase order or appropriately extend the time of delivery
The Buyers shall not be held responsible for failure or delay to perform all or any part of this Contract due to Force Majeure
14 延迟交货罚款LATE DELIVERY AND PENALTY：
合第十四条中抗力素引起外果卖方未合规定期交货卖方意赔款付款银行扣罚款买方应意延迟交货罚款超延迟交货商品总价5罚款率7天05未超7天时7天计卖方延迟交货超合规定日期10周买方权解合求限期交货买方支付罚款
Should the Sellers fail to make delivery on time as stipulated in the Contract with exception of Force Majeure causes specified in Clause 14 of this Contract the Buyers shall agree to postpone the delivery on condition that the Sellers agree to pay a penalty which shall be deducted by the paying bank from the payment The penalty however shall not exceed 5 of the total value of the goods involved in the late delivery The rate of penalty is charged at 05 for every seven days odd days less than seven days should be counted as seven days In case the Sellers fail to make delivery ten weeks later than the time of shipment stipulated in the Contract the Buyers shall have the right to cancel the contract and the Sellers in spite of the cancellation shall still pay the aforesaid penalty to the Buyers without delay
15 仲裁ARBITRATION：
合关执行合引起矛盾应通友协商解决法达成协议应提交仲裁仲裁中国北京进行中国国际贸易促进委员会属外济贸易仲裁委员会仲裁机构暂行规定进行仲裁仲裁结果应作双方终约束方法庭协会申请修改仲裁结果仲裁费败诉方承担仲裁期间双方应继续执行合中仲裁条款外条款
All disputes in connection with this Contract or the execution thereof shall be settled friendly through negotiations In case no settlement can be reached the case may then be submitted for arbitration to China International Economic and Trade Arbitration Commission in accordance with its Rules of Arbitration promulgated by the said Arbitration Commission The Arbitration shall take place in Beijing and the decision of the Arbitration Commission shall be final and binding upon both parties neither party shall seek recourse to a law court nor other authorities to appeal for revision of the decision Arbitration fee shall be borne by the losing party In the course of Arbitration both parties shall continue to execute the present Contract except those under arbitration
16 特殊条款SPECIAL PROVISIONS
In witness thereof this Contract is made English and Chinese both of which shall have equal status in law signed by both parties in two original copies each party holds one copy Signed by fax is effective
合中英文制式两份买卖双方执份传真签署效
17 附件合分割部分
THE BUYER Kunming DeZhong Trading Co Ltd THE SELLER Hong Kong Forever Technology Co Ltd
序号
产品名称
品牌
规格型号
数量
单位
单价
总价
保修期
1
2
3
合计金额民币（写）
合计金额民币（写）
配置清单ATTACHMENT：
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CONTRACT
合号NO DZ311207DS01KX04
日期DATE DEC 06 2011
签约PLACE KUNMING
买方：
THE BUYER K
址：
ADDRESS
电话TEL：
传真FAX：
The Sellers
卖方：
Address 址：
Tel Fax
合买卖双方根列条款条件买卖双方协商签订便遵守：
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 commodity according to the terms and conditions stipulated below
1 商品明细Description of goods
序号
No
商品名称描述
Commodity Specification
单位
Unit
数量
Qty
单价(USD)
Unit Price
总价(USD)
Total Amount
01
套
1
3424700
3424700
Total CIP Kunming Airport China USD3424700
TOTAL SAY TOTAL US DOLLARS THIRTY FOUR THOUSAND TWO HUNDRED AND FORTY SEVEN ONLY
备注：运输程中造成软件介质损坏丢失卖方负责周重新发货者提供完软件介质
2 原产国制造商COUNTRY OF ORIGIN AND MANUFACTURERS USASTRATASYS
3 坚固纸箱装适合远程航空／陆运输气候变化妥善防潮防震包装套仪器机械附整套说明书包装良造成货物残损包装防护设备周招致货物发生锈蚀均卖方承担责
To be packed in strong carton(s) Suitable for long distance air freightland transportation and the change of climate well protected against moisture and shocks One full set of oprating instructions for each instrument or machine shall be enclosed in the Package(s) The Sellers shall be liable for any damage of the commodity and expenses incident thereto on account of improper packing and for any rust attributable to inadequately or improperly protective measures taken by the Sellers in regard to the packing
4 装运唛头SHIPPING MARK
卖方应件货物包装外表褪色颜料刷明件号毛重净重尺码列字句： 勿潮湿心轻放边等列唛头：
The Sellers shall mark on each package with fadeless paint the package number gross weight net weight measurement and the wordingskeep away from moisture handle with carethis side up etc and
the shipping mark DZ311207DS01KX04
Kunming Airport China
5 装运期限TIME OF SHIPMENT 合签订免税办理完毕30天 Within 30 days after the signing of this contract and the issue of dutyfree paper
6 装运港PORT OF LOADING美国机场 Main Airport of USA
7 目港PORT OF DESTINATION Kunming Airport China中国昆明机场
8 付款方式TERM OF PAYMENT 100电汇买方收户 款项时二工作日合全款汇甲方指定账户
银行资料：
Bank Name
Bank Address
Bank Account No
SWIFT Code
National Bank Code
All banking charges inside China shall be borne by the Buyer while those outside China by the Seller
国银行费买方承担国外银行费卖方承担
9 文件DOCUMENTS：
1) One original Airway Bill marked Freight Prepaid indicating contract No name of commodity and the notify party is the buyer 份注明运费已付航空正运单显示合号货物名称通知买方
2) Manually signed invoice in 3 original(s) indicating Contract number made out in details as per the relative Contract 注明合号货物明细商业发票正式三份
3) Packing list in 3 original(s) with indication of gross and net weights measurements and quantity of each item packed type of outer packing packing quantity and packing material 注明毛净重尺码装货物项品名数量外包装物类型包装数量包装材质装箱单正式三份
4) One set (included in 1 original and 1 copy) of Insurance Certificate 全套（正副）保险单
5) Certificate of Quality issued by the Seller in one original 卖方签署质量证明书正份
6) Certificate of Origin in 1 original and 2 copies商品原产证明正份副两份
7) NonWooden Packing Declaration in 1 original for the nonwooden packing material or Seller’s Certification certifying that the package(s) hashave been labeled with IPPC mark 采非木质包装材料时提供非木质包装声明份采木质包装材料时提供书面声明确认木质包装已IPPC标识
The seller shall send full set of abovementioned documents to the buyer in one lot by Air Courier within 2 days after shipment卖方应货物发运两日述全套单证快件寄买方
10 装运通知 SHIPPING ADVICE
货物全部装运卖方应立合编号商品名称数量毛重发票金额航班号起航日期传真通知买方
Immediately the goods are completely loaded the Sellers shall fax to notify the Buyers of the contract number name of commodity quantity gross weight invoiced value flight number and the flight date
11 品质保证GUARANTEE OF QUALITY
卖方应保证设备材料制成采新制造工艺设备全新未符合合附件规定方面质量技术求性保修期货物达目港验收合格起12月迟超货物达目港日起14月
The Sellers guarantee that the commodity hereof is made of the best materials with first class workmanship brand new and unused and complies in all respects with the quality and specification stipulated in this Contract and conforms to the data sheets or technical manuals of the commodities contract
The guarantee period shall be 12 months counting from the date on which the commodity arrives at the port of destination and counting from the date on which the Acceptance Certificate has been signed by the representatives of both parties if the installation and inspection for acceptance of the commodities contracted are required but no later than 14 months counting from the date on which the commodity arrives at the port of destination
12 索赔CLAIMS
货物达目港90天发现货物规格数量合规定相符（保险公司运输公司造成外）买方中国商检局检验证明提出索赔：更换新货品差额补偿维修费（检验费修理费货物返航货物换费修理费保险保存装载卸载费等）卖方承担关质量问题卖方应保证合第十二条规定保质期发生质量工艺差材料引起损坏买方应立书面通知卖方中国出入境检验检疫局检验报告提出索赔
检验报告作索赔证卖方应根买方索赔负责解决货物缺损完全部分换根缺损情况商品降价果必买方权求卖方承担费行解决问题果卖方接买方述索赔求月没答复视卖方接受索赔求
Within 90 days after the arrival of the goods at destination should the specification or quantity be found not in conformity with the stipulations of the Contract except those claims for which the insurance company or the Carriers are liable the Buyer shall on the strength of the Inspection Certificate issued by Entry & Exit Inspection and Quarantine Bureau of China have the right to claim for replacement with new goods or for compensation or repair and all the expenses (such as inspection charges repairing fee freight for returning the goods and for sending the replacement or the repaired goods insurance premium storage and loading and unloading charges etc) shall be borne by the Sellers As regards quality the Sellers shall guarantee that if within the guarantee period stipulated in Clause 11 of this Contract damages occur in the course of operation by reason of inferior quality bad workmanship or the use of inferior materials the Buyers shall immediately notify the Sellers in writing and put forward a claim supported by Inspection Certificate issued by Entry & Exit Inspection and Quarantine Bureau of China
The Certificate so issued shall be accepted as the base of a claim The Sellers in accordance with the Buyer’s claim shall be responsible for the immediate elimination of the defect(s) complete or partial replacement of the commodity or shall devaluate the commodity according to the state of defect(s) Where necessary the Buyers shall be at liberty to eliminate the defect(s) themselves at the Sellers’ expense If the Sellers fail to answer the Buyers within one month after receipt of the aforesaid claim the claim shall be reckoned as having been accepted by the Sellers
13 抗力FORCE MAJEURE：
制造装卸运输程中抗力素导致延迟交货卖方承担责卖方必须事发14天述事记载买方接受政府部门出示关偶然事证明通航空快件发买方样处境卖方需力采取必措施保证快供货果事持续超10周买方权撤消未发货订单延迟交货时间
The Sellers shall not be held responsible for the delay in shipment or nondelivery of the goods due to Force Majeure such as war serious fire flood typhoon and earthquake or other events agreed upon between both parties which might occur during the process of manufacturing or in the course of loading or transit The Sellers shall advise the Buyers immediately of the occurrence mentioned above and within fourteen days thereafter the Sellers shall send by airmail to the Buyers for their acceptance a certificate of the accident issued by the Competent Government Authorities where the accident occurs as evidence thereof
Under such circumstances the Sellers however are still under the obligation to take all necessary measures to hasten the delivery of the goods In case the accident lasts for more than 10 weeks the Buyers at its option may delete the undelivered goods from its purchase order or appropriately extend the time of delivery
The Buyers shall not be held responsible for failure or delay to perform all or any part of this Contract due to Force Majeure
14 延迟交货罚款LATE DELIVERY AND PENALTY：
合第十四条中抗力素引起外果卖方未合规定期交货卖方意赔款付款银行扣罚款买方应意延迟交货罚款超延迟交货商品总价5罚款率7天05未超7天时7天计卖方延迟交货超合规定日期10周买方权解合求限期交货买方支付罚款
Should the Sellers fail to make delivery on time as stipulated in the Contract with exception of Force Majeure causes specified in Clause 14 of this Contract the Buyers shall agree to postpone the delivery on condition that the Sellers agree to pay a penalty which shall be deducted by the paying bank from the payment The penalty however shall not exceed 5 of the total value of the goods involved in the late delivery The rate of penalty is charged at 05 for every seven days odd days less than seven days should be counted as seven days In case the Sellers fail to make delivery ten weeks later than the time of shipment stipulated in the Contract the Buyers shall have the right to cancel the contract and the Sellers in spite of the cancellation shall still pay the aforesaid penalty to the Buyers without delay
15 仲裁ARBITRATION：
合关执行合引起矛盾应通友协商解决法达成协议应提交仲裁仲裁中国北京进行中国国际贸易促进委员会属外济贸易仲裁委员会仲裁机构暂行规定进行仲裁仲裁结果应作双方终约束方法庭协会申请修改仲裁结果仲裁费败诉方承担仲裁期间双方应继续执行合中仲裁条款外条款
All disputes in connection with this Contract or the execution thereof shall be settled friendly through negotiations In case no settlement can be reached the case may then be submitted for arbitration to China International Economic and Trade Arbitration Commission in accordance with its Rules of Arbitration promulgated by the said Arbitration Commission The Arbitration shall take place in Beijing and the decision of the Arbitration Commission shall be final and binding upon both parties neither party shall seek recourse to a law court nor other authorities to appeal for revision of the decision Arbitration fee shall be borne by the losing party In the course of Arbitration both parties shall continue to execute the present Contract except those under arbitration
16 特殊条款SPECIAL PROVISIONS
In witness thereof this Contract is made English and Chinese both of which shall have equal status in law signed by both parties in two original copies each party holds one copy Signed by fax is effective
合中英文制式两份买卖双方执份传真签署效
17 附件合分割部分
THE BUYER Kunming DeZhong Trading Co Ltd THE SELLER Hong Kong Forever Technology Co Ltd
序号
产品名称
品牌
规格型号
数量
单位
单价
总价
保修期
1
2
3
合计金额民币（写）
合计金额民币（写）
配置清单ATTACHMENT：
文档香网(httpswwwxiangdangnet)户传
《香当网》用户分享的内容，不代表《香当网》观点或立场，请自行判断内容的真实性和可靠性！
该内容是文档的文本内容，更好的格式请下载文档