1.买卖合同

PURCHASE CONTRACTContract No.:Date:Signing Place:Seller:Address:Postal Code:Tel:Fax:Buyer:Address:Postal Code:Tel:Fax:The Seller agrees to sell and the Buyer agrees to buy the undermentioned commodity on the terms and conditions stated below:1. Article No.2. Name of Commodity and Specification3. Quantity4. Unit Price5. Total PriceTotal Amount With＿＿＿% more or less both in amount and quantity allowed at the Seller’s option.6. Terms of Delivery7. Country of Origin and Manufacturer8. Packing and StandardThe 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 pack-ing. 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 s urface of each package with fadeless pigment.9. Shipping Marks10. Time of Shipment11. Port of Loading12. Port of Destination13. InsuranceInsurance shall be covered by the＿＿＿for 115% of the invoice value against ＿＿＿Risks and ＿＿＿Additional Risks.14. 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. Or(2) Documents against Payment: After shipment, the Seller shall draw a sight bill of ex-change on the Buyer and deliver the documents through Sellers bank and ＿＿＿Bank to the Buyer against payment, i.e. D/P. The Buyer shall effect the payment immediately upon the first presentation of the bill (s) of exchange. Or(3) Documents against Acceptance: After shipment, the Seller shall draw a sight bill of exchange, payable ＿＿＿days after the Buyers delivers the document through Sellers, and Bank to the Buyer against acceptance (D/A ＿＿＿days). The Buyer shall make the payment on date of the bill of exchange. Or(4) Cash on delivery COD: The Buyer shall pay to the Seller total amount within ＿＿＿days after the receipt of the goods.15. Documents RequiredThe Seller shall present the following documents required to the bank for negotiation / collection:(1) Full set of clean on board Ocean / Combined Transportation / Land Bills of Lading and blank endorsed marked freight prepaid / to collect;(2) Signed commercial invoice in ＿＿＿copies indicating Contract No., L/C No. （Terms of L/C）and shipping marks;(3) Packing list / weight memo in ＿＿＿copies issued by______;(4) Certificate of Quality in ＿＿＿copies issued by ______;(5) Certificate of Quantity in ＿＿＿copies issued by ______;(6) Insurance policy/certificate in ＿＿＿copies (Terms of CIF);(7) Shipping advice: The Seller shall, with-in ＿＿＿hours after shipment effected, send by each copy of the above-mentioned documents No. ______ .16. Terms of Shipment(1) FOBThe 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 vessel / book ship-ping space. In the event of the Seller’s failure to effect loading when the vessel arrives duly at the loading port, all expenses including dead freight and / or demurrage charges thus incurred shall be for the Seller’s account.(2) CIF / CFRThe Seller shall ship the goods duly within the shipping duration from the port of loading to the port of destination. Under CFR terms, the 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.17. Shipping AdviceThe 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.18. Quality GuaranteeThe Seller shall guarantee that upon Delivery all goods to be delivered by the Seller shall be completely new and shall comply in all material respects with this Contract.The guarantee period is within ＿＿＿days after the date of the completion of unloading of the goods at the port of destination. Within the guarantee period, the Seller shall remove all defects of the goods due to design, workmanship and improper material used either by repairing or by placing the defective parts or the goods on his own account.19. InspectionThe 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 goods’arrival at the destination.20. ClaimThe 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 receiv ed the Buyer’s claim.21. Late Delivery and PenaltyThe Buyer shall take all reasonable acts in order to enable the Seller to make delivery and shall take over the goods.Should the Seller fail to make delivery on time as stipulated in the Contract, with the exception of Force Majeure causes specified in Clause 22 of this Contract, the Buyer shall agree to postpone the delivery on the condition that the Seller agrees 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 and the 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.22. Force MajeureEither party shall not be held responsible for failure or delay to perform all or any part of this agreement due to flood, fire, earthquake, draught, war or any other events which could not be predicted, controlled, avoided or overcome by the relative party. However, the party affected by the event of Force Majeure shall inform the other party of its occurrence in writing as soon as possible and thereafter send a certificate of the event issued by the relevant authorities to the other party within ＿＿＿days after its occurrence.If the Event of Force Majeure last over ＿＿＿days, both parties shall negotiate on the performance or the termination of the Con-tract. However, if the conditions or consequences of Force Majeure which have a material adverse effect on the affected party’s ability to perform continue for a period in excess of ＿＿＿days and the Parties have been unable to find an equitable solution pursuant to this Clause, the Con-tract shall terminate automatically.23. ArbitrationAll disputes arising from the execution of this agreement shall be settled through friendly consultations. In case no settlement can be reached, the case in dispute shall then be submitted to arbitration commission in accordance with its Provisional Rules of Procedure. The decision made by this commission shall be regarded as final and binding upon both parties. Arbitration fees shall be borne by the losing party, unless otherwise awarded.24. EffectivenessThe Contract shall come into effect immediately when it is signed by duly authorized representatives of both parties.25. AmendmentThis Contract shall not be changed verbally, but only by a written instrument signed by the Parties.Representative of the Buyer:(Authorized Signature)Representative of the Seller: (Authorized Signature)。