Purchase Contract
(contract no) _______________
(date) _______________________
(signed at) __________________
the buyer_____________________
address ______________________
(tel)_________________________
(fax)_________________________
(email)______________________
the seller____________________
address ______________________
(tel)_________________________
(fax)_________________________
(email)______________________
the seller and the buyer agree to conclude this contract subject to the terms and conditions stated below
1（name specifications and quality of commodity）：
2（quantity）：
（__________ more or less allowed）
3（unit price）：_______________________
4（total amount）：_____________________
5 (terms of delivery) fobcfrcif_______________________
6 (country of origin and manufacturers)________________
7（packing）：_______________________
the packing of the goods shall be preventive from dampness rust moisture erosion and shock and shall be suitable for ocean transportation multiple transportation the seller shall be liable for any damage and loss of the goods attributable to the inadequate or improper packing the measurement gross weight net weight and the cautions such as ＇do not stack up side down＇ ＇keep away from moisture＇ ＇handle with care＇ shall be stenciled on the surface of each package with fadeless pigment
8（shipping marks）：____________________
9（time of shipment）：__________________
10（port of loading）：__________________
11（port of destination）：______________
12（insurance）：________________________
insurance shall be covered by the ________ for 110 of the invoice value against _______ risks and __________ additional risks
13（terms of payment）：
(1) letter of credit 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) documents against payment after shipment the seller shall draw asight bill of exchange on the buyer and deliver the documents throughsellers bank and ______ bank to the buyer against payment ie dpthe buyer shall effect the payment immediately upon the first presentation of the bill(s) of exchange
(3) documents against acceptance after shipment the seller shall draw a sight bill of exchange payable_____ days after the buyers delivers the document through seller’s bank and ________bank to the buyer against acceptance (da ___ days) the buyer shall make the paymentondate of the bill of exchange
(4) cash on delivery (cod) the buyer shall pay to the seller total amount within ______ days after the receipt of the goods (this clauseis not applied to the terms of fob cfr cif)
14（documents required）：
the seller shall present the following documents required to the bankfor negotiationcollection
(1) full set of clean on board oceancombined transportationland bills of lading and blank endorsed marked freight prepaid to collect
(2) signed commercial invoice in ______copies indicating contract no lc no (terms of lc) and shipping marks
(3) packing listweight memo in ______ copies issued by______
(4) certificate of quality in _______ copies issued by______
(5) certificate of quantity in ___ copies issued by______
(6) insurance policycertificate in ___ copies (terms of cif)
(7) certificate of origin in ___ copies issued by______
(8) (shipping advice)
the seller shall within ____ hours after shipment effected send by courier each copy of the abovementioned documents no ＿＿
15（terms of shipment）：
(1) the seller shall 30 days before the shipment date specified in the contract advise the buyer by _______ of the contract no commodity quantity amount packages gross weight measurement and the date of shipment in order that the buyer can charter a vesselbook shipping space in the event of the seller＇s failure to effect loading when the vessel arrives duly at the loading port all expenses includingdead freight andor demurrage charges thus incurred shall be for the seller＇s account
(2) the seller shall ship the goods duly within the shipping duration from the port of loading to the port of destination under cfr termsthe seller shall advise the buyer by _________ of the contract no commodity invoice value and the date of dispatch two days before the shipment for the buyer to arrange insurance in time
16（shipping advice）：
the seller shall immediately upon the completion of the loading of the goods advise the buyer of the contract no names of commodity loading quantity invoice values gross weight name of vessel and shipment date by _________ within ________hours
17（quality guarantee）：
the seller shall guarantee that the commodity must be in conformity with the quatity specifications and quantity specified in this contract and letter of quality guarantee the guarantee period shall be ______ months after the arrival of the goods at the port of destinationand during the period the seller shall be responsible for the damage due to the defects in designing and manufacturing of the manufacturer
18（inspection）：
(1) the seller shall have the goods inspected by ______ days before the shipment and have the inspection certificate issued by____ the buyer may have the goods reinspected by ________ after the goodsrrival at the destination
(2) the manufacturers shall before delivery make a precise and comprehensive inspection of the goods with regard to its quality specifications performance and quantityweight and issue inspection certificates certifying the technical data and conclusion of the inspectionafter arrival of the goods at the port of destination the buyer shall apply to china commodity inspection bureau (hereinafter referred toas ccib) for a further inspection as to the specifications and quantityweight of the goods if damages of the goods are found or the specifications andor quantity are not in conformity with the stipulations in this contract except when the responsibilities lies with insurance company or shipping company the buyer shall within _____ days after arrival of the goods at the port of destination claim against the seller or reject the goods according to the inspection certificate issued by ccib in case of damage of the goods incurred due to thedesign or manufacture defects andor in case the quality and performance are not in conformity with the contract the buyer shall duringthe guarantee period request ccib to make a survey
19（claim）：
the buyer shall make a claim against the seller (including replacement of the goods) by the further inspection certificate and all the expenses incurred therefrom shall be borne by the seller the claims mentioned above shall be regarded as being accepted if the seller fail to reply within ______days after the seller received the buyer＇s claim20（late delivery and penalty）
should the seller fail to make delivery on time as stipulated in the contract with the exception of force majeure causes specified in clause 21 of this contract the buyer shall agree to postpone the delivery on the condition that the seller agree to pay a penalty which shall be deducted by the paying bank from the payment under negotiation the rate of penalty is charged at______ for every ______ days odd days less than _____days should be counted as ______ days but the penalty however shall not exceed_______ of the total value of the goods involved in the delayed delivery in case the seller fail to make delivery ______ days later than the time of shipment stipulated in the contract the buyer shall have the right to cancel the contract andthe seller in spite of the cancellation shall nevertheless pay the aforesaid penalty to the buyer without delay
the buyer shall have the right to lodge a claim against the seller for the losses sustained if any
21（force majeure）：
the seller shall not be responsible for the delay of shipment or nondelivery of the goods due to force majeure 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 a notice by courier to the buyer for their acceptance of a certificate ofthe accident issued by the local chamber of commerce under whose jurisdiction the accident occurs as evidence thereof under such circumstances the seller however are still under the obligation to take allnecessary measures to hasten the delivery of the goods in case the accident lasts for more than _____ days the buyer shall have the rightto cancel the contract
22 (arbitration)
any dispute arising from or in connection with the contract shall be settled through friendly negotiation in case no settlement is reachedthe dispute shall be submitted to china international economic and trade arbitration commission (cietac)shenzhen commission for arbitration in accordance with its rules in effect at the time of applying for arbitration the arbitral award is final and binding upon both parties
23（notices)
all notice shall be written in _____ and served to both parties by faxcourier according to the following addresses if any changes of theaddresses occur one party shall inform the other party of the changeof address within ____days after the change
24the terms fobcfrcif in the contract are based on incoterms XX of the international chamber of commerce
25 (additional clause)：
conflicts between contract clause hereabove and this additional clause if any it is subject to this additional clause
this contract is executed in two counterparts each in chinese and english each of which shall deemed equally authentic this contract is in ______ copies effective since being signedsealed by both parties
26representative of the buyer
(authorized signature)_______________
representative of the seller
(authorized signature)_______________
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(contract no) _______________
(date) _______________________
(signed at) __________________
the buyer_____________________
address ______________________
(tel)_________________________
(fax)_________________________
(email)______________________
the seller____________________
address ______________________
(tel)_________________________
(fax)_________________________
(email)______________________
the seller and the buyer agree to conclude this contract subject to the terms and conditions stated below
1（name specifications and quality of commodity）：
2（quantity）：
（__________ more or less allowed）
3（unit price）：_______________________
4（total amount）：_____________________
5 (terms of delivery) fobcfrcif_______________________
6 (country of origin and manufacturers)________________
7（packing）：_______________________
the packing of the goods shall be preventive from dampness rust moisture erosion and shock and shall be suitable for ocean transportation multiple transportation the seller shall be liable for any damage and loss of the goods attributable to the inadequate or improper packing the measurement gross weight net weight and the cautions such as ＇do not stack up side down＇ ＇keep away from moisture＇ ＇handle with care＇ shall be stenciled on the surface of each package with fadeless pigment
8（shipping marks）：____________________
9（time of shipment）：__________________
10（port of loading）：__________________
11（port of destination）：______________
12（insurance）：________________________
insurance shall be covered by the ________ for 110 of the invoice value against _______ risks and __________ additional risks
13（terms of payment）：
(1) letter of credit 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) documents against payment after shipment the seller shall draw asight bill of exchange on the buyer and deliver the documents throughsellers bank and ______ bank to the buyer against payment ie dpthe buyer shall effect the payment immediately upon the first presentation of the bill(s) of exchange
(3) documents against acceptance after shipment the seller shall draw a sight bill of exchange payable_____ days after the buyers delivers the document through seller’s bank and ________bank to the buyer against acceptance (da ___ days) the buyer shall make the paymentondate of the bill of exchange
(4) cash on delivery (cod) the buyer shall pay to the seller total amount within ______ days after the receipt of the goods (this clauseis not applied to the terms of fob cfr cif)
14（documents required）：
the seller shall present the following documents required to the bankfor negotiationcollection
(1) full set of clean on board oceancombined transportationland bills of lading and blank endorsed marked freight prepaid to collect
(2) signed commercial invoice in ______copies indicating contract no lc no (terms of lc) and shipping marks
(3) packing listweight memo in ______ copies issued by______
(4) certificate of quality in _______ copies issued by______
(5) certificate of quantity in ___ copies issued by______
(6) insurance policycertificate in ___ copies (terms of cif)
(7) certificate of origin in ___ copies issued by______
(8) (shipping advice)
the seller shall within ____ hours after shipment effected send by courier each copy of the abovementioned documents no ＿＿
15（terms of shipment）：
(1) the seller shall 30 days before the shipment date specified in the contract advise the buyer by _______ of the contract no commodity quantity amount packages gross weight measurement and the date of shipment in order that the buyer can charter a vesselbook shipping space in the event of the seller＇s failure to effect loading when the vessel arrives duly at the loading port all expenses includingdead freight andor demurrage charges thus incurred shall be for the seller＇s account
(2) the seller shall ship the goods duly within the shipping duration from the port of loading to the port of destination under cfr termsthe seller shall advise the buyer by _________ of the contract no commodity invoice value and the date of dispatch two days before the shipment for the buyer to arrange insurance in time
16（shipping advice）：
the seller shall immediately upon the completion of the loading of the goods advise the buyer of the contract no names of commodity loading quantity invoice values gross weight name of vessel and shipment date by _________ within ________hours
17（quality guarantee）：
the seller shall guarantee that the commodity must be in conformity with the quatity specifications and quantity specified in this contract and letter of quality guarantee the guarantee period shall be ______ months after the arrival of the goods at the port of destinationand during the period the seller shall be responsible for the damage due to the defects in designing and manufacturing of the manufacturer
18（inspection）：
(1) the seller shall have the goods inspected by ______ days before the shipment and have the inspection certificate issued by____ the buyer may have the goods reinspected by ________ after the goodsrrival at the destination
(2) the manufacturers shall before delivery make a precise and comprehensive inspection of the goods with regard to its quality specifications performance and quantityweight and issue inspection certificates certifying the technical data and conclusion of the inspectionafter arrival of the goods at the port of destination the buyer shall apply to china commodity inspection bureau (hereinafter referred toas ccib) for a further inspection as to the specifications and quantityweight of the goods if damages of the goods are found or the specifications andor quantity are not in conformity with the stipulations in this contract except when the responsibilities lies with insurance company or shipping company the buyer shall within _____ days after arrival of the goods at the port of destination claim against the seller or reject the goods according to the inspection certificate issued by ccib in case of damage of the goods incurred due to thedesign or manufacture defects andor in case the quality and performance are not in conformity with the contract the buyer shall duringthe guarantee period request ccib to make a survey
19（claim）：
the buyer shall make a claim against the seller (including replacement of the goods) by the further inspection certificate and all the expenses incurred therefrom shall be borne by the seller the claims mentioned above shall be regarded as being accepted if the seller fail to reply within ______days after the seller received the buyer＇s claim20（late delivery and penalty）
should the seller fail to make delivery on time as stipulated in the contract with the exception of force majeure causes specified in clause 21 of this contract the buyer shall agree to postpone the delivery on the condition that the seller agree to pay a penalty which shall be deducted by the paying bank from the payment under negotiation the rate of penalty is charged at______ for every ______ days odd days less than _____days should be counted as ______ days but the penalty however shall not exceed_______ of the total value of the goods involved in the delayed delivery in case the seller fail to make delivery ______ days later than the time of shipment stipulated in the contract the buyer shall have the right to cancel the contract andthe seller in spite of the cancellation shall nevertheless pay the aforesaid penalty to the buyer without delay
the buyer shall have the right to lodge a claim against the seller for the losses sustained if any
21（force majeure）：
the seller shall not be responsible for the delay of shipment or nondelivery of the goods due to force majeure 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 a notice by courier to the buyer for their acceptance of a certificate ofthe accident issued by the local chamber of commerce under whose jurisdiction the accident occurs as evidence thereof under such circumstances the seller however are still under the obligation to take allnecessary measures to hasten the delivery of the goods in case the accident lasts for more than _____ days the buyer shall have the rightto cancel the contract
22 (arbitration)
any dispute arising from or in connection with the contract shall be settled through friendly negotiation in case no settlement is reachedthe dispute shall be submitted to china international economic and trade arbitration commission (cietac)shenzhen commission for arbitration in accordance with its rules in effect at the time of applying for arbitration the arbitral award is final and binding upon both parties
23（notices)
all notice shall be written in _____ and served to both parties by faxcourier according to the following addresses if any changes of theaddresses occur one party shall inform the other party of the changeof address within ____days after the change
24the terms fobcfrcif in the contract are based on incoterms XX of the international chamber of commerce
25 (additional clause)：
conflicts between contract clause hereabove and this additional clause if any it is subject to this additional clause
this contract is executed in two counterparts each in chinese and english each of which shall deemed equally authentic this contract is in ______ copies effective since being signedsealed by both parties
26representative of the buyer
(authorized signature)_______________
representative of the seller
(authorized signature)_______________
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《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