深圳对外贸易货物进口合同(中英文对照)(官方范本)
合同编号：_________________
contract no:_______________
签订日期：_________________
date:______________________
签订地点：_________________
signed at : _______________
电 话：____________________
tel: ______________________
传 真：____________________
fax:_______________________
电 报：____________________
cable: ____________________
电 传：____________________
telex: ____________________
电 话：____________________
tel: ______________________
传 真：____________________
fax:_______________________
电报：_____________________
cable: ____________________
电传：_____________________
telex: ____________________
经买双方确认根据下列条款订立本合同：
the undersigned sellers and buyers have confirmed this contract in accordance with the terms and conditions stipulated below :
1. 货号
art no. 名称及规格
descriptions 单位
unit 数量
quantity 单价
unit price 金额
amount
合计：_________________
totally：______________
总值(大写)：_____________________
total value:(in words)_____________
允许溢短____%。________% more or less in quantity and value allowed.
2.成交价格术语：
terms: □ fob □ cfr □ cif □ ddu □
3.出产国与制造商：___________________________
country of origin and manufacturers : ________
4.包装：__________________
packing: __________________
5.装运唛头：______________
shipping marks: ___________
6.装运港：________________
delivery port : ___________
7.目地港：________________
destination: ______________
8.转运：□ 允许 □ 不允许; 分批装运：□ 允许 □ 不允许
transhipments: □ allowed □ not allowed
partial shipments:□allowed □ not allowed
9.装运期：________________
shipment date: ____________
10.保险：由____按发票金额110%，投保_____险，另加保_____险。
insurance : to be covered by the for 110% of the invoice value covering additional
11.付款条件：
terms of payment:
□买方通过_____银行在____年____月____日前开出以卖方为受益人的_______期信用证。
the buyers shall open a letter of credit at sight through bank in favour of the sellers prior to .
□付款交单：买方应对卖方开具的以买方为付款人的见票后_____天付款跟单汇票，付款时交单。
documents against payment (d/p)
the buyers shall duly make the payment against documentary draft made out to the buyers at sight by the sellers.
□承兑交单：买方应对卖方开具的以买方为付款人的见票后_____天承兑跟单汇票，承兑时交单。
documents against acceptance: (d/p)
the buyers shall duly make the payment against documentary draft made out to the buyers at sight by the sellers.
□货到付款:买方在收到货物后____天内将全部货款支付卖方(不适用于fob、cfr、cif术语)。
cash on delivery (cod)
the buyers shall pay to the sellers total amount within days after the receipt of the goods .(this clause is not applied to the terms of fob,cfr,cif).
□
12.单据：卖给方应将下列单据提交银行议付/托收。
documents ：the sellers shall present the following documents required to the banks for negotiation/collection.
① 运单
shipping bills :
□ 海运:全套空白抬头/指示抬头、空白背书/指示背书注明运费已付/到付的已装船清洁海运/联运正本提单，通知在目的港 公司
in case by sea : full set of clean on board ocean bills of lading / combined transportation bills of lading made out to order blank endorsed / endorsed in favour of or made out to order of ,marked “freight prepaid / collected ” notifying at the port of destination .
□ 陆运：全套注明运费已付/到付的装车的记名清洁运单，通知在目的地 公司。
in case by land transportation: full set of clean on board land transportation bills made out to marked “freight prepaid / collected ” notifying at the destination.
□空运：全套注明运费已付/到付的记名空运单，通知在目的地 公司。
in case by air : full set of clean on board awb made out to marked “freight prepaid/collected”notifying at
the destination .
□ :
②标有合同编号信用证号及装运唛头的商业发票一式____份。
singed commercial invoice in copied indicating contract no, l/c no. and shipping marks.
③由_____出具的装箱单或重量单一式______份。
packing list / weight memo in copies issued by .
④由_______出具的质量证明书一式________份
certificate of quality in copies issued by .
⑤由________出具的数量证明书一式________份
certificate of quantity in copies issued by .
⑥保险单正本一式_______份。
insurance policy / certificate in copies .
⑦ 签发的产地证一式_______份
certificate of origin in copies issued by .
⑧装运通知：
shipping advice:
另外，卖方应在交运后____小时内以特快专递方式邮寄给买方第____项单据副本一套。
in addition , the sellers shall, within hours after shipment effected , send each copy of the above—mentioned documents no.____, directly to the buyers by courier service.
13.装运条款：
□ fob
卖方应在合同规定的装运日期前30天，以电报/电传/传真通知买方合同号、品名、数量、金额、包装件、毛重、尺码及装运港可装日期，以便买方安排租船/订舱。装运船只按期到达装运港后，如卖方不能按时装船，发生的空船费或滞期费由卖方负担。在货物超过船舷并脱离吊钩以前一切费用和风险由卖方负担。
the sellers shall , 30 days before the shipment date specified in the contract advise the buyers by cable / telex /fax of the contract no. , commodity , quantity , amount , packages , gross weight , measurement , and the date of shipment in order that the buyers can charter a vessel / book shipping space . in the event of the sellers’ 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 seller’s account.
□ cif或cfr
cif and cfr
卖方须按时在装运期限内将货物由装运港装船到目的港。在cfr术语下，卖方应在装船前2天电传/传真/电报买方合同号、品名、发票价值及开船日期，以便买方安排保险。
the sellers shall ship the goods duly within the shipping duration from the port of shipment to the port of destination . under cfr terms , the sellers shall advise the buyers by cable/fax/telex of the contract no. , commodity , invoice value and the date of despatch two days before the shipment for the buyers to arrange insurance in time.
□ ddu
卖方须按时在装运期限内将货物由装运港装运至目的港。
the sellers shall ship the goods duly within the shipping duration from the port of the port of destination .
□
14.装运通知
shipping advice :
一件装载完毕，卖方应在____小时内电传/传真/电报买方合同编号、品名、已发运数量、发票总金额、毛重、船名/车/机号及启程日期等。
the sellers shall immediately upon the completion of the loading of the goods , advise buyers of the contract no., names of commodity , loading quantity , invoice values , gross weight , name of vessel and shipment date by tlx/fax/cable within _____hours .
15.质量保证：
quality guarantee :
货物品质规格必须符合本合同及质量保证书之规定，品质保证期为货到目的港_____个月内，在保证期限内，因制造厂商在设计制造过程中的缺陷造成的货物损害应由卖方负责赔偿。
the sellers shall guarantee that the commodity must be in conformity with the quality and specifications specified in this contract and letter of quality guarantee guarantee period shall be months after the arrival of the goods at the port of destination , and during the period the sellers shall be responsible for the damage due to the defects in designing and manufacturing of the manufacturer.
16.商品检验：卖方须在装运前_____日委托 检验机构对合同之货物进行检验并出具检验证书，货到目的港后，由买方委托____检验机构进行复检。
goods inspection : the sellers shall have the goods inspected by inspection authority days before the shipment and issued the inspection certificate . the buyers shall have the goods reinspected by inspection authority after the goods arrival at the destination.
17.索赔
claims:
如经中国_____检验机构复检，发现货物有损坏、残缺或品名、规格、数量及质量与本合同及质量保证书之规定不符，买方可于货到目的港后 天内凭上述检验机构出具的证明书向卖方要求索赔。如上述规定之索赔期与质量保证期不一致，在质量保证期限内买方仍可向卖方就质量保证条款之内容向卖方提出索赔。
the buyers shall lodge claims against the sellers based on the inspection certificate issued by china inspection authority days after the arrival of the goods at the destination , if the goods are found to be damaged , missing or the specifications , quantity, and quality not in conformity with those specified in this contract and letter of quality guarantee . in case the claim period above specified is not in conformity with the quality guarantee period, during the quality guarantee period, the buyers have rights to lodge claims against the sellers concerning the quality guarantee.
18.延期交货违约金
late delivery and penalty
除双方认可的不可抗力因素外，卖方迟于合同规定的期限交货，如买方同意迟延交货，卖方应同意对信用证有关条款进行个性和同意银行在议付货款时扣除本条规定的违约金。违约金总值不超过货物总价值的5%，差率按7天0.5%计算，不满7天仍按7天计算。在未采用信用证支付的情况下，卖方应将前述方法计算的违约金即付买方。
if the sellers fail to make delivery on time as stipulated in the contract , with exception of force majeure, the buyers shall agree to postpone the delivery on conditions that the sellers agree to amend the clauses of the l/c and pay a penalty which shall be deducted by the paying bank from the payment under negotiation . the penalty , however , shall not exceed 5% of the total value of the goods . the rate of penalty is charged at 0.5%for every seven days , if less that seven days. in case , the payment is not made through l/c , the sellers shall pay the penalty counted as above to the buyers as soon as possible.
19.人力不可抗拒：如因人力不可抗拒的原因造成本合同全部或部分不能履约，卖方概不负责，但卖方应将上述发生的情况及
时通知买方。
force majeure : the sellers shall not hold any responsibility for partial or total non-performance of this contract due to force majeure . but the sellers shall advise the buyers on times of such occurrence.
20.争议之解决方式：
disputes settlement :
□任何因本合同而发生或与本合同有关的争议，应提交中国国际经济贸易仲裁委员会，按该会的仲裁规则进行仲裁。仲裁地点在中国深圳。仲裁裁决是终局的，对双方均有约束力。
all disputes arising out of the contract or in connection with the contract , shall be submitted to the china international economic and trade arbitration commission for arbitration in accordance with its rules of arbitration in shenzhen china . the arbitral award is final and binding upon both parties.
□
21.法律适用
law application :
本合同之签订地、或发生争议时货物所在地在中华人民共和国境内或被诉人为中国法人的，适用中华人民共和国法律，除此规定外，适用《联合国国际货物销售公约》。
it will be governed by the law of the people’s republic of china under the circumstances that the contract is singed or the goods while the disputes arising are in the people’s republic of china or the deffendant is chinese legal person , otherwise it is governed by united nations convention on contract for the international sale of goods .
22.本合同使用的fob、cfr、cif、ddu 术语系根据国际商会《incoterms 1990》
23.文：本合同中、英两种文具有同等法律效力，在文解释上，若有异议，以中文解释为准。
versions : this contract is made out in both chinese and english of which version is equally effective licts between these two language arising therefrom . if any , shall be subject to chinese version .
24.附加条款(本合同上述条款与本附加条款有抵触时，以本附加条款为准)：
additional clauses : (conflicts between contract clause here above and this additional clause , if any , it is subject to this additional clause)
25.本合同共____份，自双方代表签(盖章)之日起生效。
this contract is in copies , effective since being signed / sealed by both parties:
买方代表人:___________________________ 卖方代表人 :_________________________
representative of the buyers : _______ representative of the sellers :______
签:_________________________________ 签:________________________________
authorized signature :________________ authorized signature : ______________
货物出口合同（英文版）英文合同（2） | 返回目录合约编号：＿＿＿＿＿＿＿＿
contractno.＿＿＿＿＿＿＿
售货合约
salescontract
－－－－－－－
买方：＿＿＿＿＿
日期：＿＿＿＿年＿＿月＿＿日
buyers:＿＿＿＿＿
cate:＿＿＿＿＿
卖方：＿＿＿＿
中国＿＿＿进出口公司＿＿＿省分公司
sellers:chinanationalmetals&mineralsimport& exportcorporation
,____branch
双方同意按下列条款由买方购进卖方售出下列商品：
thebuyersagreetobuyandthesellersagreetosellthefollowing
goodsontermsandconditionssetforthbelow:
──────────────┬───────┬──────┬──────
（１）货物名称及规格，包装及│（２）数量
│（３）单价 │（４）总价
装运唛头
│
│
│
nameorcommodityandspeci-
│qoantity
│unitprice │total
ficationspackingandshpp-
│
│
│amount
ingmarks
│
│
│
──────────────┼───────┼──────┼──────
（装运数量允许有 ％的增减）│
│
│
（shipmentqoantity %more │
│
│
orlessallowd
│
│
│
──────────────┴───────┴──────┴──────
（５）装运期限
timeofshipment:
（６）装运口岸
portsofloading
（７）目的口岸
portofdestination:
（８）保险：投保＿＿＿险，由＿＿＿按发票金额＿＿＿％，投保
tnsurance:covering risksfor____%ofinvoicevaluetobeeffected
bythe
（９）付款条件：＿＿＿……
termsofpayment:＿＿＿凭保兑的，不可撤消的，可转让的，可分割的即期付款信用证，信用证以中
国五金矿产进出口公司＿＿分公司为受益人并允许分批装运和转船。
byconfirmedirrevocable,transferableanddivisibleletterofcredit
infavourofchinanationalmetals&mineralsimport& exportcorporation
___branchpayableatsightallowingpartialshipmentsandtranshipment.
该信用证必须在＿＿＿前开到卖方，信用证的有效期应为装船期后１５天，在上述装运口岸到期，
否则卖方有权取消本售货合约并保留因此而发生的一切损失的索赔权。
注意：开立信用证时，请在证内注明本售货确认书号码
chinanationaltextiesimportand
exportcorporation
important:whenestablishingl/c,please
indicatethemumberofthissalescofr
shantungbranch
mationinthel/c.
买方（thebuyers）：＿＿＿＿＿
卖方（thesellers）：＿＿＿＿＿
请在本合同签后寄回一份存档
pleasesignandreturnonecopyforoutfile.
房屋租赁合同英文版英文合同（3） | 返回目录出租方(甲方)lessor (hereinafter referred to as party a) ：
承租方(乙方)lessee (hereinafter referred to as party b) ：
根据国家有关法律、法规和有关规定，甲、乙双方在平等自愿的基础上，经友好协商一致，就甲方将其合法拥有的房屋出租给乙方使用，乙方承租使用甲方房屋事宜，订立本合同。
in accordance with relevant chinese laws 、decrees and pertinent rules and regulations ，party a and party b have reached an agreement through friendly consultation to conclude the following contract.
一、 物业地址 location of the premises
甲方将其所有的位于上海市_________区____________________________________的房屋及其附属设施在良好状态下出租给乙方___________使用。
party a will lease to party b the premises and attached facilities all owned by party a itself， which is located at _______________________________________ __________________________ and in good condition for_____________ .
二、 房屋面积 size of the premises
出租房屋的登记面积为_________平方米(建筑面积)。
the registered size of the leased premises is_________square meters (gross size)。
三、 租赁期限 lease term
租赁期限自_______年___月___日起至_______年___月___日止，为期___年，甲方应于_______年___月___日将房屋腾空并交付乙方使用。
the lease term will be from _____(month) _____(day) _______(year) to ________(month) _____(day) _______(year)。 party a will clear the premises and provide it to party b for use before _____(month) _____(day) _______(year)。
四、 租金 rental
1. 数额：双方商定租金为每月人民币_____________元整， 乙方以___________形式支付给甲方 .
amount： the rental will be ____________per month. party b will pay the rental
to party a in the form of ____________in ________________.
2. 租金按_____月为壹期支付;第一期租金于_______年_____月_____日以前付清;以后每期租金于每月的______日以前缴纳，先付后住(若乙方以汇款形式支付租金，则以汇出日为支付日，汇费由汇出方承担)。甲方收到租金后予书面签收。
payment of rental will be one installment everymonth(s)。 the first installment will be paid before_______(month)______(day)__________(year)。 each successive installment will be paid_____________each month.
party b will pay the rental before using the premises and attached facilities (in case party b pays the rental in the form of remittance， the date of remitting will be the day of payment and the remittance fee will be borne by the remitter.) party a will issue a written receipt after receiving the payment.
3. 如乙方逾期支付租金超过十天，则每天以月租金的0.5%支付滞纳金;如乙方逾期支付租金超过十五天，则视为乙方自动退租，构成违约，甲方有权收回房屋，并追究乙方违约责任。
in case the rental is more than ten working days overdue， party b will pay 0.5 percent of monthly rental as overdue fine every day， if the rental be paid 15 days overdue， party b will be deemed to have with drawn from the premises and breach the contract. in this situation， party a has the right to take back the premises and take actions against party b's breach.
五、 保证金 deposit
1. 为确保房屋及其附属设施之安全与完好，及租赁期内相关费用之如期结算，乙方同意于______年_____月_____日前支付给甲方保证金人民币 _________元整，甲方在收到保证金后予以书面签收。
guarantying the safety and good conditions of the premises and attached facilities and account of relevant fees are settled on schedule during the lease term， party b will pay _________to party a as a deposit before _____(month) _____(day) _______(year)。 party a will issue a written receipt after receiving the deposit.
2. 除合同另有约定外，甲方应于租赁关系消除且乙方迁空、点清并付清所有应付费用后的当天将保证金全额无息退还乙方。
unless otherwise provided for by this contract， party a will return full amount of the deposit without interest on the day when this contract expires and party b clears the premises and has paid all due rental and other expenses.
3. 因乙方违反本合同的规定而产生的违约金、损坏赔偿金和其它相关费用，甲方可在保证金中抵扣，不足部分乙方必须在接到甲方付款通知后十日内补足。
in case party b breaches this contract， party a has right to deduct the default fine， compensation for damage or any other expenses from the deposit . in case the deposit is not sufficient to cover such items， party b should pay the insufficiency within ten days after receiving the written notice of payment from party a.
六、 甲方义务 obligations of party a
1. 甲方须按时将房屋及附属设施(详见附件)交付乙方使用。
party a will provide the premises and attached facilities (see the appendix of furniture list for detail) on schedule to party b for using.
2. 房屋设施如因质量原因、自然损耗或灾害而受到损坏，甲方有修缮并承担相关费用的责任。
in case the premise and attached facilities are damaged by quality problems， natural damages or disasters， party a will be responsible to repair and pay the relevant expenses.
3. 甲方应确保出租的房屋享有出租的权利，反之如乙方权益因此遭受损害，甲方应负赔偿责任。
party a will guarantee the lease right of the premises. otherwise， party a will be responsible to compensate party b's losses.
七、 乙方义务 obligations of party b
1. 乙方应按合同的规定按时支付定金、租金及保证金。
party b will pay the rental， the deposit and other expenses on time.
2. 乙方经甲方同意，可在房屋内添置设备。租赁期满后，乙方将添置的设备搬走，并保证不影响房屋的完好及正常使用。
party b may decorate the premises and add new facilities with party a's approval. when this contract expires， party b may take away the added facilities which are removable without changing the good conditions of the premises for normal use.
3. 未经甲方同意，乙方不得将承租的房屋转租或分租，并爱护使用该房屋如因乙方过失或过错致使房屋及设施受损，乙方应承担赔偿责任。
party b will not transfer the lease of the premises or sublet it without party a's approval and should take good care of the premises. otherwise， party b will be responsible to compensate any damages of the premises and attached facilities caused by its fault and negligence.
4. 乙方应按本合同规定合法使用该房屋，不得擅自改变使用性质。乙方不得在该房屋内存放危险物品。否则，如该房屋及附属设施因此受损，乙方应承担全部责任。
party b will use the premises lawfully according to this contract without changing the nature of the premises and storing hazardous materials in it. otherwise， party b will be responsible for the damages caused by it
5. 乙方应承担租赁期内的水、电、煤气、电讯、收视费、等一切因实际使用而产生的费用，并按单如期缴纳。
party b will bear the cost of utilities such as communications， water， electricity， gas， management fee etc. on time during the lease term.
八、 合同终止及解除的规定 termination and dissolution of the contract
1. 乙方在租赁期满后如需退租或续租，应提前两个月通知甲方，由双方另行协商退租或续租事宜。在同等条件下乙方享有优先续租权。
within two months before the contract expires， party b will notify party a if it intends to extend the leasehold. in this situation， two parties will discuss matters over the extension.
2. 租赁期满后，乙方应在当天将房屋交还甲方;任何滞留物，如未取得甲方谅解，均视为放弃，任凭甲方处置，乙方决无异议。
when the lease term expires， party b will return the premises and attached facilities to party a within days. any belongings left in it without party a's previous understanding will be deemed to be abandoned by party b. in this situation， party a has the right to dispose of it and party a will raise no objection.
3. 本合同一经双方签后立即生效;未经双方同意，不得任意终止，如有未尽事宜，甲、乙双方可另行协商。
this contract will be effective after being signed by both parties. any party has no right to terminate this contract without another party's agreement. anything not covered in this contract will be discussed separately by both parties
九、 违约及处理 breach of the contract
1. 甲、乙双方任何一方在未征得对方谅解的情况下，不履行本合同规定条款，导致本合同中途中止，则视为该方违约，双方同意违约金为人民币___________元整，若违约金不足弥补无过错方之损失，则违约方还需就不足部分支付赔偿金。
during the lease term， any party who fails to fulfill any article of this contract without the other party's understanding will be deemed to breach the contract. both parties agree that the default fine will be________________. in case the default fine is not sufficient to cover the loss suffered by the faultless party， the party in breach should pay additional compensation to the other party.
2. 若双方在执行本合同或与本合同有关的事情时发生争议，应首先友好协商;协商不成，可向有管辖权的人民法院提起诉讼。本合同一经双方签后立即生效;未经双方同意，不得任意终止，如有未尽事宜，甲、乙双方可另行协商。
both parties will solve the disputes arising from execution of the contract or in connection with the contract through friendly consultation. in case the agreement cannot be reached， any party may summit the dispute to the court that has the jurisdiction over the matter.
十、 其他 miscellaneous
1. 本合同附件是本合同的有效组成部分，与本合同具有同等法律效力。
any annex is the integral part of this contract. the annex and this contract are equally valid.
2. 本合同壹式贰份，甲、乙双方各执一份。
there are 2 originals of this contract. each party will hold 1 original(s)。
3. 甲、乙双方如有特殊约定，可在本款另行约定：
other special terms will be listed bellows：
__________________________________________________________________________________
__________________________________________________________________________________
甲 方：
party a
证件号码：
id no
联络地址：
address
电 话：
tel：
代 理 人：
representative：
日 期：
date：
一般货物进口合同(英文版)英文合同（4） | 返回目录contract no:
date:
the buyer:
the seller:
the contract, made out, in chinese and english, both version being equally authentic, by and between the seller and the buyer whereby the seller agrees to sell and the buyer agrees to buy the undermentioned goods subject to terms and conditions set forth hereinafter as follows:
1 name of commodity and specification
2 country of origin & manufacturer
3 unit price (packing charges included)
4 quantity
5 total value
6 packing (seaworthy)
7 insurance (to be covered by the buyer unless otherwise)
8 time of shipment
9 port of loading
10 port of destination
mark shown as below in addition to the port of destination, package number, gross and net weights, measurements and other marks as the buyer may require stencilled or marked conspicuously with fast and unfailing pigments on each package. in the case of dangerous and/or poisonous cargo(es), the seller is obliged to take care to ensure that the nature and the generally adopted symbol shall be marked conspicuously on each package..
12 terms of payment:
one month prior to the time of shipment the buyer shall open with thebank of _______an irrevocable letter of credit in favour of the seller payable at the issuing bank against presentation of documents as stipulated under clause 18. a. of section ii, the terms of delivery of this contract after departure of the carrying vessel. the said letter of credit shall remain in force till the 15th day after shipment.
13 other terms:
unless otherwise agreed and accepted by the buyer, all other matters related to this contract shall be governed by section ii, the terms of delivery which shall form an integral part of this contract. any supplementary terms and conditions that may be attached to this contract shall automatically prevail over the terms and conditions of this contract if such supplementary terms and conditions come in conflict with terms and conditions herein and shall be binding upon both parties.
for the seller for the buyer
section 2
14 fob/fas terms
14.1 the shipping space for the contracted goods shall be booked by the buyer or the buyer's shipping agent __________.
14.2 under fob terms, the seller shall undertake to load the contracted goods on board the vessel nominated by the buyer on any date notified by the buyer, within the time of shipment as stipulated in clause 8 of this contract.
14.3 under fas terms, the seller shall undertake to deliver the contracted goods under the tackle of the vessel nominated by the buyer on any date notified by the buyer, within the time of shipment as stipulated in clause 8 of this contract.
14.4 10-15 days prior to the date of shipment, the buyer shall inform the seller by cable or telex of the contract number, name of vessel, eta of vessel, quantity to be loaded and the name of shipping agent, so as to enable the seller to contact the shipping agent direct and arrange the shipment of the goods. the seller shall advise by cable or telex in time the buyer of the result thereof. should, for certain reasons, it become necessary for the buyer to replace the named vessel with another one, or should the named vessel arrive at the port of shipment earlier or later than the date of arrival as previously notified to the seller, the buyer or its shipping agent shall advise the seller to this effect in due time. the seller shall also keep in close contact with the agent or the buyer.
14.5 should the seller fail to load the goods on board or to deliver the goods under the tackle of the vessel booked by the buyer. within the time as notified by the buyer, after its arrival at the port of shipment the seller shall be fully liable to the buyer and responsible for all losses and expenses such as dead freight, demurrage. consequential losses incurred upon and/or suffered by the buyer.
14.6 should the vessel be withdrawn or replaced or delayed eventually or the cargo be shut out etc., and the seller be not informed in good time to stop delivery of the cargo, the calculation of the loss in storage expenses and insurance premium thus sustained at the loading port shall be based on the loading date notified by the agent to the seller (or based on the date of the arrival of the cargo at the loading port in case the cargo should arrive there later than the notified loading date). the abovementioned loss to be calculated from the 16th day after expiry of the free storage time at the port should be borne by the buyer with the exception of force majeure. however, the seller shall still undertake to load the cargo immediately upon the carrying vessel's arrival at the loading port at its own risk and expenses. the payment of the afore-said expenses shall be effected against presentation of the original vouchers after the buyer's verification.
15 c&f terms
15.1 the seller shall ship the goods within the time as stipulated in clause 8 of this contract by a direct vessel sailing from the port of loading to china port. transhipment on route is not allowed without the buyer's prior consent. the goods shall not be carried by vessels flying flags of countries not acceptable to the port authorities of china.
15.2 the carrying vessel chartered by the seller shall be seaworthy and cargoworthy. the seller shall be obliged to act prudently and conscientiously when selecting the vessel and the carrier when chartering such vessel. the buyer is justified in not accepting vessels chartered by the seller that are not members of the piclub.
15.3 the carrying vessel chartered by the seller shall sail and arrive at the port of destination within the normal and reasonable period of time. any unreasonable aviation or delay is not allowed.
15.4 the age of the carrying vessel chartered by the seller shall not exceed 15 years. in case her age exceeds 15 years, the extra average insurance premium thus incurred shall be borne by the seller. vessel over 20 years of age shall in no event be acceptable to the buyer.
15.5 for cargo lots over 1,000 m/t each, or any other lots less than 1,000 metric tons but identified by the buyer, the seller shall, at least 10 days prior to the date of shipment, inform the buyer by telex or cable of the following information: the contract number, the name of commodity, quantity, the name of the carrying vessel, the age, nationality, and particulars of the carrying vessel, the expected date of loading, the expected time of arrival at the port of destination, the name, telex and cable address of the carrier.
15.6 for cargo lots over 1,000 m/t each, or any other lots less than 1,000 metric tons but identified by the buyer, the master of the carrying vessel shall notify the buyer respectively 7 (seven) days and 24 (twenty-four) hours prior to the arrival of the vessel at the port of destination, by telex or cable about its eta (expected time of arrival), contract number, the name of commodity, and quantity.
15.7 if goods are to be shipped per liner vessel under liner bill of lading, the carrying vessel must be classified as the highest ____________or equivalent class as per the institute classification clause and shall be so maintained throughout the duration of the relevant bill of lading.
nevertheless, the maximum age of the vessel shall not exceed 20 years at the date of loading. the seller shall bear the average insurance premium for liner vessel older than 20 years. under no circum -stances shall the buyer accept vessel over 25 years of age.
15.8 for break bulk cargoes, if goods are shipped in containers by the seller without prior consent of the buyer, a compensation of a certain amount to be agreed upon by both parties shall be payable to the buyer by the seller.
15.9 the seller shall maintain close contact with the carrying vessel and shall notify the buyer by fastest means of communication about any and all accidents that may occur while the carrying vessel is on route. the seller shall assume full responsibility and shall compensate the buyer forall losses incurred for its failure to give timely advice or notification to the buyer.
16 cif terms:
under cif terms, besides clause 15 c&f terms of this contract which shall be applied the seller shall be responsible for covering the cargo with relevant insurance with irrespective percentage.
17 advice of shipment:
within 48 hours immediately after completion of loading of goods on board the vessel the seller shall advise the buyer by cable or telex of the contract number, the name of goods, weight (net/gross) or quantity loaded, invoice value, name of vessel, port of loading, sailing date and expected time of arrival (eta) at the port of destination. should the buyer be unable to arrange insurance in time owing to the seller's failure to give the above mentioned advice of shipment by cable or telex, the seller shall be held responsible for any and all damages and/or losses attributable to such failure.
18 shipping documents
18.a the seller shall present the following documents to the paying bank for negotiation of payment:
18.a.1 full set of clean on board, "freight prepaid" for c&f/cif terms or "freight to collect" for fob/fas terms, ocean bills of lading, made out to order and blank endorsed, notifying ___________at the port of destination.
18.a.2 five copies of signed invoice, indicating contract number, l/c number, name of commodity, full specifications, and shipping mark, signed and issued by the beneficiary of letter of credit.
18.a.3 two copies of packing list and/or weight memo with indication of gross and net weight of each package and/or measurements issued by beneficiary of letter of credit.
18.a.4 two copies each of the certificates of quality and quantity or weight issued by the manufacturer and/or a qualified independent surveyor at the loading port and must indicate full specifications of goods conforming to stipulations in letter of credit.
18.a.5 one duplicate copy of the cable or telex advice of shipment as stipulated in clause 17 of the terms of delivery.
18.a.6 a letter attesting that extra copies of abovementioned documents have been dispatched according to the contract.
18.a.7 a letter attesting that the nationality of the carrying vessel has been approved by the buyer.
18.a.8 the relevant insurance policy covering, but not limited to at least 110% of the invoice value against all and war risks if the insurance is covered by the buyer.
18.b any original document(s) made by rephotographic system, automated or computerized system or carbon copies shall not be acceptable unless they are clearly marked as "original." and certified with signatures in hand writing by authorised officers of the issuing company or corporation.
18.c through bill of lading, stale bill of lading, short form bill of lading, shall not be acceptable.
18.d third party appointed by the beneficiary as shipper shall not be acceptable unless such third party bill of lading is made out to the order of shipper and endorsed to the beneficiary and blank endorsed by the beneficiary.
18.e documents issued earlier than the opening date of letter of credit shall not be acceptable.
18.f in the case of c&f/cif shipments, charter party bill of lading shall not be acceptable unless beneficiary provides one copy each of the charter party, master's of mate's receipt, shipping order and cargo or stowage plan and/or other documents called for in the letter of credit by the buyer.
18.g the seller shall dispatch, in care of the carrying vessel, two copies each of the duplicates of bill of lading. invoice and packing list to the buyer's receiving agent, _______________at the port of destination.
18.h immediately after the departure of the carrying vessel, the seller shall airmail one set of the duplicate documents to the buyer and three sets of the same to
______________________________ transportation corporation at the port of destination.
18.i the seller shall assume full responsibility and be liable to the buyer and shall compensate the buyer for all losses arising from going astray of and/or the delay in the dispatch of the above mentioned documents.
18.j banking charges outside the people's republic of china shall be for the seller's account.
19 if the goods under this contract are to be dispatched by air, all the terms and conditions of this contract in connection with ocean transportation shall be governed by relevant air terms.
20 instruction leaflets on dangerous cargo: for dangerous and/or poisonous cargo, the seller must provide instruction leaflets stating the hazardous or poisonous properties, transportation, storage and handling remarks, as well as precautionary and first-air measures and measures against fire. the seller shall airmail, together with other shipping documents, three copies each of the same to the buyer and___________________ transportation corporation at the port of destination.
21 inspection & claims:
in case the quality, quantity or weight of the goods be found not in conformity with those as stipulated in this contract upon re-inspection by the china commodity import and export inspection bureau within 60 days after completion of the discharge of the goods at the port of destination or, if goods are shipped in containers, 60 days after the opening of such containers, the buyer shall have the right to request the seller to take back the goods or lodge claims against the seller for compensation for losses upon the strength of the inspection certificate issued by the said bureau, with the exception of those claims for which the insurers or owners of the carrying vessel are liable, all expenses including but not limited to inspection fees, interest, losses arising from the return of the goods or claims shall be borne by the seller. in such a case, the buyer may, if so requested, send a sample of the goods in question to the seller, provided that sampling and sending of such sample is feasible.
22 damages:
with the exception of late delivery or non-delivery due to "force majeure" causes, if the seller fails to make delivery of the goods in accordance with the terms and conditions, jointly or severally, of this contract, the seller shall be liable to the buyer and indemnify the buyer for all losses, damages, including but not limited to, purchase price and/or purchase price differentials, deadfreight, demurrage, and all consequential direct or indirect losses. the buyer shall nevertheless have the right to cancel in part or in whole of the contract without prejudice to the buyer's right to claim compensations.
23 force majeure:
neither the seller or the buyer shall be held responsible for late delivery or non-delivery owing to generally recognized "force majeure" causes. however in such a case, the seller shall immediately advise by cable or telex the buyer of the accident and airmail to the buyer within 15 days after the accident, a certificate of the accident issued by the competent government authority or the chamber of commerce which is located at the place where the accident occurs as evidence thereof. if the said "force majeure" cause lasts over 60 days, the buyer shall have the right to cancel the whole or the undelivered part of the order for the goods as stipulated in contract.
24 arbitration:
both parties agree to attempt to resolve all disputes between the parties with respect to the application or interpretation of any term hereof of transaction hereunder, through amicable negotiation. if a dispute cannot be resolved in this manner to the satisfaction of the seller and the buyer within a reasonable period of time, maximum not exceeding 90 days after the date of the notification of such dispute, the case under dispute shall be submitted to arbitration if the buyer should decide not to take the case to court at a place of jurisdiction that the buyer may deem appropriate. unless otherwise agreed upon by both parties, such arbitration shall be held in ________, and shall be governed by the rules and procedures of arbitration stipulated by the foreign trade arbitration commission of the china council for the promotion of international trade. the decision by such arbitration shall be accepted as final and binding upon both parties. the arbitration fees shall be borne by the losing party unless otherwise awarded.