Product purchase and sale contract
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Products Sale and Purchase Contract The Seller: The Buyer:H Place of Execution: Contract No.: Time of Execution: Date:
In accordance with the Contract Law of the People’s Republic of China and relevant laws and regulations and after friendly consultation, the Parties have reached the following terms and conditions in relation to the sale of Products as follows:
1. Name, Specification, Unit, Quantity and Amount Serial number Product Specification Unit Quantity Amount Total amount 1
2 3 Total: Total price:
2.Quality Requirements and Technical Standard 2.1 The Seller warrants that the Products quantity quality, etc. are in compliance with relevant laws and regulations and meets the requirements of the order. 2.2 Special packing requirements of the Buyer: (including the packing method and material). Any loss resulting from improper packing shall be borne by the Seller. All the information and documents including the delivery date, destination, packing list, waybill shall be provided to the Buyer after the shipment. Product name and specifications should be indicated on markings.
3. Terms of Payment After the Seller provides the legitimate and valid VAT invoice recognizable by the tax authority, the Buyer shall make the corresponding payment in the following way of : a. Lump-sum payment The total amount shall be paid within working days after the inspection and acceptance of the Products. b. Payment by installments The Buyer shall pay the amount of within working days; and pay the remaining amount of within working days after the inspection and acceptance of the Products.
4. Delivery 4.1 Time of delivery:before (dd) (mm) (yy). 4.2 Place of delivery: . 4.3 Form of transportation: the Seller shall deliver the Products by an appropriate way of transportation to the place designated by the Buyer. The cost of transportation shall be borne by the .
5. Disposal of the Products and Transfer of Risk The risk of loss or damage of the Products before delivery is on the Seller. The risk transfers from the Seller to the Buyer after delivery, and the Buyer may dispose of the Products at its own will.
6. Inspection and Time Limit for Objection 6.1 The Parties shall inspect the surface and quantity of the Products according to the requirement of this Contract after the Products arrive at the place of delivery; the Buyer is entitled to replacement of the Products if the Products are disqualified. 6.2 Whether the Products have been inspected and accepted or not, the Products shall be deemed disqualified if there are any hidden defects. The Buyer shall notify the Seller within a reasonable time after discovering such defects.
7. Warranties of Rights 7.1 The Seller warrants that the Products do not infringe any intellectual property rights of third party. Otherwise the Seller shall compensate the Buyer for any loss thus suffered, including but not limited to legal fees, court charges for responding to such third party allegations.
8. Force Majeure 8.1 Force majeure means any objective circumstances which are unforeseeable, unavoidable and insurmountable, including but not limited to certain natural phenomena, such as earthquake, storm, flood, tsunami, etc., and certain social phenomena, such as war, politics, etc.. 8.2 In case any force majeure occurs, the Parties shall negotiate friendly in order to seek the reasonable solution to relieve the impact of the force majeure. If this Contract cannot be fulfilled due to force majeure, either Party is entitled to terminate the Contract and the Parties shall bear their own respective loss. 9. Liability for Breach of Contract 9.1 If this Contact cannot be fulfilled due to breach of contract by one Party, such breaching Party shall be held responsible for any loss of the other Party incurred due to such breach of contract; the other Party may terminate this Contract unilaterally by notifying the breaching Party. If both Parties are in breach of contact,the Parties shall assume responsibility according to their own fault respectively. 9.2 The Buyer shall compensate the Seller for any loss suffered by the Seller due to any overdue payment. 9.3 The Seller shall compensate the Buyer for any loss suffered by the Buyer if the delivery or the Products is not in conformity with stipulations of the Contract in term of delivery time, place of delivery, quantity or quality.
10. Dispute Resolution 10.1 All disputes in connection with the performance or interpretation of this Contract thereof shall be settled friendly through amicable negotiation. In case no settlement can be reached, such dispute shall be submitted to Hangzhou Arbitration Commission for arbitration.