补偿贸易合
中文文
合________年________月________日中国________市签订
甲方：中国________公司
法定址：
电话：
电传：
乙方：________国________公司
法定址：
电话：
电传：
双方等互利基础通友协商特订立合
第条 贸易容
（） 乙方甲方提供生产________型机械________种辅助机械设备事提供类机械设备必须附配件备件生产程中种必须测试起具体类机械设备测试仪器附配件备件型号名称规格数量价格包装求交货期限等双方行签订设备进口公司作合分割部分
（二） 甲方乙方提供机械设备生产部分产品商品双方协商________
工厂生产________ 偿付全部机械设备价款具体偿付商品名称数量价格交货期限等双方领行签订补偿商品供货合作合分割部分设备进口合补偿商品供货合合补偿贸易购销合见附件
第二条 支付条件
甲乙双方开信证甲方分期开出乙方受益远期信证分期分批支付全部机构设备价款乙方开出甲方受益期信证支付补偿商品货款甲方乙方支付补偿商品货款支付全部机械设备价款乙方支付货款相抵甲方开远期信证金额时差额部分乙方预付货款方式甲方开远期信证期前汇付甲方甲方时议付行开远期信证甲方开远期信证期付款基乙方规定开出期信证规定预付货款乙方保证规定开出信证预付
第三条 付款期限
甲方________ 年零________月分月商品偿付全部机械设备价款偿日期第批机械设备货约________月开始原月偿日期第批机械设备货约________月开始原月偿金额全部机械设备价款________分________甲方提前偿需________月前通知乙方
甲方补偿商品偿机械设备款期间乙方应协议项关补偿商品合规定开出甲方受益足额期撤消分割转信证
第四条 货币
双方商品觉________币计价乙方提供全部机械设备仪器附配件________币作价甲方提供补偿商品签订合时甲方出口货物民币作价时民币________币汇率折算________币
第五条 利息计算
甲方开远期信证乙方预付货款利息应甲方负担双方议定年利息率百分________
第六条 技术服务
货物达甲方口岸甲方行安装设备安装程中甲方认需时乙方必须派出技术员进行现场知道提供必技术服务程中技术问题造成损失乙方负责
双方协商完成项工作乙方派出________数量技术员中国切费均乙方承担
第七条 附加设备
执行协议程中发现合项机械设备配套生产时需继续增添新机械设备测试仪器时双方行协商予增订增订项目应列入合范围
第八条 保险
设备进口乙方投保设备权付清货款发生转移发生意外损失先保险公司投保赔付例退回甲方已支付设备货款
第九条 违约责
乙方合规定购买补偿商品甲方合规定提供商品时均应合条款承担违约责赔偿造成济损失方支付该项总值________罚款
第十条 履约保证
保证合条款效履行双方分想方提供房银行出具保函予担保甲方担保银行中国银行________分行乙方担保银行业________国________银行
第十条 合条款变更
合容遇特殊情况需变更须双方协商致
第十二条 抗力
合方列原导致暂时履行全部部分合义务承担责：水灾火灾震干旱战争签约时双方预料法控制避免克服时间该放应快发生时间通知方应时间发生15天关机构出具抗力时间证明寄交方果抗力时间影响超120天双方应协商 合继续履行终止履行事宜
第十三条 仲裁
履行合发生切争议双方应友协商解决协商解决争议应争议提交中国国际济贸易仲裁委员会（北京）仲裁规仲裁仲裁裁决终局双方约束力仲裁费应败诉放承担仲裁委员会裁定外
仲裁期间仲裁部分外合条款应继续执行
第十四条 文字生效
合中文英文写成两种文字具等效力述两种文字符中文准
合签字日起生效效期________年期满双方愿意继续合作中国政府关部门申请获批准延期________年重新签订合
甲方：
中国________公司代表
（签字）
乙方：
________国________公司代表
（签字）
见证：
中国________律师事务律师
（签字）
英文文
compensation trade contract
this contract is hereby made and entered into between ________co(hereinafter referred to as patty a)and________co(hereinafter referred to as praty b)this________day of________________in________china adhering on the principle of equality and mutual benefit and through amicable consultation
party a ________company china
address ________
tel ________
telex ________
party b ________ company ________
address ________
tel ________
telex ________
article 1 introduction
a) party b shall provide party a with ________machines of model ________to be used in productionalong with them shall also be provided various kinds of supporting machineryaccessories and spare parts it needsand the various kinds of measuring and testing instruments required in the course of productionthe specific models namesspecifications quantityunit pricespacking requirements and the deadline for delivery shall be specified in an additional contract to be made between the both partieswhich will serve as a integral part of the contract
b) the total cost of the entire machinery and its supporting equipment shall be paid to party b of the part of the products andor other commodities produced by party a with the machinery supplied by party bit may also be paid to party b of (a certain product)turned ort by (this practice is hereinafter referred to as a makeup payment)the specific namesquantity and unit price of the products to be delivered as makeup paymentand the deadline for delineryare to be specified in an additional contract between the two parties on productssupplying as make up paymentwhich shall be the integral part of the contractthe two additional contracts mentioned above may be merged as one called buy and sell contract on compensation trade
article 2 terma of payment
the two parties shall open a lc in favour of each otherieparty a shall openat regular intervalslongterm lc in favour of party b to pay in install ments the entire cost of the machinery and its support sight lc in favour of {arty a as a payment for the cost of the products to be delivered by party aparty a shall pay for the total cost of the machinery and its supporting equipment with the sum of money which party b shall pay the products to be delivered by party a as a make up paymentin case the money to be paid by pairy b is not enough to cover the value of the long term lc is determined by the at siggt lc opened by party b and its down payment as stipulated in the contract party b grarantees to fulfil what is required of it to do as mentioned herein
article 3deadline for payment
party a shall pay the total cost of the machinery and its supporting equipment supplied by party b by delivering the products it produces to party b as a make rp payment on a month to month basis and pay is off within a preriod of ________ years and ________monthsthe payment shall start approximately ________ months after the first delivery of the machinery is made in principlethe sum to be paid per month shall be ________ percent of the total amount due to be paid for the machinery party a can make its payment ahead of schedule with a notice given to party b ________ months in advanceduring the compensation period party b shall open a lc in favour of party bcovering the total amount at sight irrevocable divisible and assignable in accordance with the relevant provisions in the buy and sell contract on compensation trade
article 4 currency for pricing
products provided by either party shall be priced in terms of________all the items supplied by party bincluding machinery the required apparatusaccessories and spare parts shall be priced directly in terms of ________ above mentioned while the products provided by party a as a make up payment for the machinery supplied by party b shall be first priced in terms of rmb as orher similar exports at the time the contract is made and then the prices in rmb shall be turned into those in ________ above mentioned according to the current exchange rate at the time
article 5 interest rate
party a shall pay the interest on its long term lc and the down payment of party bthe annual interest rate is agreed upon at ________
article 6 technical service
after arrival at the destination portthe machinery shall be assembled by party awhen party a believes it is necessary party b shall send its technicians to provide onthespot instructions and other required technical assistance during the course of assembling party b shall be liable for the losses incurred in the coures fo assembling as a result of technical default of its prat
after approval by both parties party b shall send a group of technicians to china to faciliate the completion of the project the cost incurred in china shall be borne by party b
article 7 additional equipment
in the course of implementing the contract if it is foun necessary that in addition to the machinery and accessories already listed in the provisions some additional items of the equipment and measuring and testing apparatus are needed an additional order shall be agreed upon through negotiation the items thus added shall be incorporated in the contract
article 8 insurance
after being delivered in china the machinery and its supporting equipment shall be insured by party b the unforeseen losses in connection with the equipment shall be indemnified for by the insurance company first to the insurer (party b) in case the equepment has already been paid off for and thus transferred into party a＇s possessionthen a proportional part of the sum paid by the insurance company shall be allotted to party a to cover the payment party a has already made for the items of equipment involved the losses
article 9 liability for breach
either party shall be liable for a breach of contract in accordance with the provisions in the contract and shall indemnify for all the losses thus if party b should fail to make purchase of the products to be delivered by party a as make up payment or party a should fail to deliver the products for compensation in such case the breaching party shall pay to the other a sum as a fine which shall account for ________ of the total cost the products in question
article 10 performance guarantee
to guarantee the implementation of the contract each party shall submit to the other a performance guarantee issued by a bank agreed by both parties the guarantee bank of party a is bank of china while that of party b is ________ bank
article 11 amendment of the contract
when the contract needs to be amended in certain particular cases the amendment can be effected only after it is agreed upon by both parties through consultation
article 12 force majeure
either party shall not be held resposible for failure or delay to perform all or any part of the contract due to flood fire earthquake drought war or any other events which coule not be predicted at the time of the conclusion of the contract and could not be controlled avoided or overcome by the parties howeverthe party effected by the event of force majeure shall inform the other party of its occurrence in written as soon as possible and thereafter send a certificate of the event issued by the relevant authority to the other party but no later than 15days after its occurrence
in the event of force majeure last over 120 days both parties shall negotiate the performance or the termination of the contract
article 13 arbitration
all disputes arising from the performance of this contract should be settled through friendly negotiations should no settlement be reached through engotiation the case shall then be submitted for arbitration to the china international economic and trade arbitration commission(beijing) and the rules of this commission shall be applied the arbitration fee shall be borne by the losing party unless otherwise awarded by the arbitration organization
in the event of force majeure last over 120 days both parties shall negotiate the performance or the termination of the contract
article 13 arbitration
all disputes arising from the performance of this contract should be settled through friendly negotiations should no settlement be reached throuhg engotiation the case shall then be submitted for arbitration to the china international economic and trade arbitration commission(beijing)and the rules of this commission shall be applied the arbitration fee shall be borne by the losing party unless otherwise awarded by the arbitration organization
during the course of the arbitration the contract shall be performed except for the part under arbitration
article 14 language and effective date
the contract shall be written in chinese and in english both languages are equally authentic in the events of any discrepancy between the two abovementioned versionsthe chinese version shall prevail
the contract shall become effective when the contract is signed by both parties the effective period of the contract shall be years based on the willingness to continue the contract both parties shall submit a application to relavant department of chinese government for the extension of the contract or reach a new contract when the contract expires
partya (signature)on behalf of (company)
partyb (signature)on behalf of (company)
witnessed by (signature)
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中文文
合________年________月________日中国________市签订
甲方：中国________公司
法定址：
电话：
电传：
乙方：________国________公司
法定址：
电话：
电传：
双方等互利基础通友协商特订立合
第条 贸易容
（） 乙方甲方提供生产________型机械________种辅助机械设备事提供类机械设备必须附配件备件生产程中种必须测试起具体类机械设备测试仪器附配件备件型号名称规格数量价格包装求交货期限等双方行签订设备进口公司作合分割部分
（二） 甲方乙方提供机械设备生产部分产品商品双方协商________
工厂生产________ 偿付全部机械设备价款具体偿付商品名称数量价格交货期限等双方领行签订补偿商品供货合作合分割部分设备进口合补偿商品供货合合补偿贸易购销合见附件
第二条 支付条件
甲乙双方开信证甲方分期开出乙方受益远期信证分期分批支付全部机构设备价款乙方开出甲方受益期信证支付补偿商品货款甲方乙方支付补偿商品货款支付全部机械设备价款乙方支付货款相抵甲方开远期信证金额时差额部分乙方预付货款方式甲方开远期信证期前汇付甲方甲方时议付行开远期信证甲方开远期信证期付款基乙方规定开出期信证规定预付货款乙方保证规定开出信证预付
第三条 付款期限
甲方________ 年零________月分月商品偿付全部机械设备价款偿日期第批机械设备货约________月开始原月偿日期第批机械设备货约________月开始原月偿金额全部机械设备价款________分________甲方提前偿需________月前通知乙方
甲方补偿商品偿机械设备款期间乙方应协议项关补偿商品合规定开出甲方受益足额期撤消分割转信证
第四条 货币
双方商品觉________币计价乙方提供全部机械设备仪器附配件________币作价甲方提供补偿商品签订合时甲方出口货物民币作价时民币________币汇率折算________币
第五条 利息计算
甲方开远期信证乙方预付货款利息应甲方负担双方议定年利息率百分________
第六条 技术服务
货物达甲方口岸甲方行安装设备安装程中甲方认需时乙方必须派出技术员进行现场知道提供必技术服务程中技术问题造成损失乙方负责
双方协商完成项工作乙方派出________数量技术员中国切费均乙方承担
第七条 附加设备
执行协议程中发现合项机械设备配套生产时需继续增添新机械设备测试仪器时双方行协商予增订增订项目应列入合范围
第八条 保险
设备进口乙方投保设备权付清货款发生转移发生意外损失先保险公司投保赔付例退回甲方已支付设备货款
第九条 违约责
乙方合规定购买补偿商品甲方合规定提供商品时均应合条款承担违约责赔偿造成济损失方支付该项总值________罚款
第十条 履约保证
保证合条款效履行双方分想方提供房银行出具保函予担保甲方担保银行中国银行________分行乙方担保银行业________国________银行
第十条 合条款变更
合容遇特殊情况需变更须双方协商致
第十二条 抗力
合方列原导致暂时履行全部部分合义务承担责：水灾火灾震干旱战争签约时双方预料法控制避免克服时间该放应快发生时间通知方应时间发生15天关机构出具抗力时间证明寄交方果抗力时间影响超120天双方应协商 合继续履行终止履行事宜
第十三条 仲裁
履行合发生切争议双方应友协商解决协商解决争议应争议提交中国国际济贸易仲裁委员会（北京）仲裁规仲裁仲裁裁决终局双方约束力仲裁费应败诉放承担仲裁委员会裁定外
仲裁期间仲裁部分外合条款应继续执行
第十四条 文字生效
合中文英文写成两种文字具等效力述两种文字符中文准
合签字日起生效效期________年期满双方愿意继续合作中国政府关部门申请获批准延期________年重新签订合
甲方：
中国________公司代表
（签字）
乙方：
________国________公司代表
（签字）
见证：
中国________律师事务律师
（签字）
英文文
compensation trade contract
this contract is hereby made and entered into between ________co(hereinafter referred to as patty a)and________co(hereinafter referred to as praty b)this________day of________________in________china adhering on the principle of equality and mutual benefit and through amicable consultation
party a ________company china
address ________
tel ________
telex ________
party b ________ company ________
address ________
tel ________
telex ________
article 1 introduction
a) party b shall provide party a with ________machines of model ________to be used in productionalong with them shall also be provided various kinds of supporting machineryaccessories and spare parts it needsand the various kinds of measuring and testing instruments required in the course of productionthe specific models namesspecifications quantityunit pricespacking requirements and the deadline for delivery shall be specified in an additional contract to be made between the both partieswhich will serve as a integral part of the contract
b) the total cost of the entire machinery and its supporting equipment shall be paid to party b of the part of the products andor other commodities produced by party a with the machinery supplied by party bit may also be paid to party b of (a certain product)turned ort by (this practice is hereinafter referred to as a makeup payment)the specific namesquantity and unit price of the products to be delivered as makeup paymentand the deadline for delineryare to be specified in an additional contract between the two parties on productssupplying as make up paymentwhich shall be the integral part of the contractthe two additional contracts mentioned above may be merged as one called buy and sell contract on compensation trade
article 2 terma of payment
the two parties shall open a lc in favour of each otherieparty a shall openat regular intervalslongterm lc in favour of party b to pay in install ments the entire cost of the machinery and its support sight lc in favour of {arty a as a payment for the cost of the products to be delivered by party aparty a shall pay for the total cost of the machinery and its supporting equipment with the sum of money which party b shall pay the products to be delivered by party a as a make up paymentin case the money to be paid by pairy b is not enough to cover the value of the long term lc is determined by the at siggt lc opened by party b and its down payment as stipulated in the contract party b grarantees to fulfil what is required of it to do as mentioned herein
article 3deadline for payment
party a shall pay the total cost of the machinery and its supporting equipment supplied by party b by delivering the products it produces to party b as a make rp payment on a month to month basis and pay is off within a preriod of ________ years and ________monthsthe payment shall start approximately ________ months after the first delivery of the machinery is made in principlethe sum to be paid per month shall be ________ percent of the total amount due to be paid for the machinery party a can make its payment ahead of schedule with a notice given to party b ________ months in advanceduring the compensation period party b shall open a lc in favour of party bcovering the total amount at sight irrevocable divisible and assignable in accordance with the relevant provisions in the buy and sell contract on compensation trade
article 4 currency for pricing
products provided by either party shall be priced in terms of________all the items supplied by party bincluding machinery the required apparatusaccessories and spare parts shall be priced directly in terms of ________ above mentioned while the products provided by party a as a make up payment for the machinery supplied by party b shall be first priced in terms of rmb as orher similar exports at the time the contract is made and then the prices in rmb shall be turned into those in ________ above mentioned according to the current exchange rate at the time
article 5 interest rate
party a shall pay the interest on its long term lc and the down payment of party bthe annual interest rate is agreed upon at ________
article 6 technical service
after arrival at the destination portthe machinery shall be assembled by party awhen party a believes it is necessary party b shall send its technicians to provide onthespot instructions and other required technical assistance during the course of assembling party b shall be liable for the losses incurred in the coures fo assembling as a result of technical default of its prat
after approval by both parties party b shall send a group of technicians to china to faciliate the completion of the project the cost incurred in china shall be borne by party b
article 7 additional equipment
in the course of implementing the contract if it is foun necessary that in addition to the machinery and accessories already listed in the provisions some additional items of the equipment and measuring and testing apparatus are needed an additional order shall be agreed upon through negotiation the items thus added shall be incorporated in the contract
article 8 insurance
after being delivered in china the machinery and its supporting equipment shall be insured by party b the unforeseen losses in connection with the equipment shall be indemnified for by the insurance company first to the insurer (party b) in case the equepment has already been paid off for and thus transferred into party a＇s possessionthen a proportional part of the sum paid by the insurance company shall be allotted to party a to cover the payment party a has already made for the items of equipment involved the losses
article 9 liability for breach
either party shall be liable for a breach of contract in accordance with the provisions in the contract and shall indemnify for all the losses thus if party b should fail to make purchase of the products to be delivered by party a as make up payment or party a should fail to deliver the products for compensation in such case the breaching party shall pay to the other a sum as a fine which shall account for ________ of the total cost the products in question
article 10 performance guarantee
to guarantee the implementation of the contract each party shall submit to the other a performance guarantee issued by a bank agreed by both parties the guarantee bank of party a is bank of china while that of party b is ________ bank
article 11 amendment of the contract
when the contract needs to be amended in certain particular cases the amendment can be effected only after it is agreed upon by both parties through consultation
article 12 force majeure
either party shall not be held resposible for failure or delay to perform all or any part of the contract due to flood fire earthquake drought war or any other events which coule not be predicted at the time of the conclusion of the contract and could not be controlled avoided or overcome by the parties howeverthe party effected by the event of force majeure shall inform the other party of its occurrence in written as soon as possible and thereafter send a certificate of the event issued by the relevant authority to the other party but no later than 15days after its occurrence
in the event of force majeure last over 120 days both parties shall negotiate the performance or the termination of the contract
article 13 arbitration
all disputes arising from the performance of this contract should be settled through friendly negotiations should no settlement be reached through engotiation the case shall then be submitted for arbitration to the china international economic and trade arbitration commission(beijing) and the rules of this commission shall be applied the arbitration fee shall be borne by the losing party unless otherwise awarded by the arbitration organization
in the event of force majeure last over 120 days both parties shall negotiate the performance or the termination of the contract
article 13 arbitration
all disputes arising from the performance of this contract should be settled through friendly negotiations should no settlement be reached throuhg engotiation the case shall then be submitted for arbitration to the china international economic and trade arbitration commission(beijing)and the rules of this commission shall be applied the arbitration fee shall be borne by the losing party unless otherwise awarded by the arbitration organization
during the course of the arbitration the contract shall be performed except for the part under arbitration
article 14 language and effective date
the contract shall be written in chinese and in english both languages are equally authentic in the events of any discrepancy between the two abovementioned versionsthe chinese version shall prevail
the contract shall become effective when the contract is signed by both parties the effective period of the contract shall be years based on the willingness to continue the contract both parties shall submit a application to relavant department of chinese government for the extension of the contract or reach a new contract when the contract expires
partya (signature)on behalf of (company)
partyb (signature)on behalf of (company)
witnessed by (signature)
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