Tuesday, August 24, 2010

International sale contract samples


Contract for Newsprinting paper
Contract ( No 205 TL)
Between:
Vietnam Scientific- Production Union of Geodesy and Cartograhpy
Lang Trung - Dong Da - Ha Noi - Vietnam
Tel: 42.846829 Telex: 294887 Vietco VT
Hereinafter called the Buyer
And:
BOO SON Co., LTD
RM. 306, DONGHWA BLDG
19-2, NONHYUN - DIONG, KANGNAM - KU
SEOUL, KOREA
Cable address: TWOHANDCO, SEOUL, KOREA
Hereinafter called Seller
It has been agreed that Buyer buys and Seller sells on the terms and conditions as follows:
ARTICLE 1: DESCRIPTION - SPECIFICATION- QUALITY- QUANTITY
1. Description: NEWSPRINTING PAPER
2. Country of origin: CHINA
3. Maker's name:
4. Quality/ Specification: Substance: 49 +/- 2 g/m2
Ro IL 787 mm width
5. Quantity: 200 MT +/- 5%
6. Packing: EXPORT STANDARD
7. Marking:
Substance: 49 g/m2 +/-2
Destination: Haiphong Port
8. Destination:
HAIPHONG PORT
ARTICLE II: PRICE
Price to be understood CIF Hai Phong port including Seaworthy packing
Unit price: USD 535/MT
Total amount: USD 107,000.00
Say: United States Dollar one hundred and seven thousand only
ARTICLE III: DELIVERY TIME
40 days after L/C received
ARTICLE IV: PAYMENT
By irrevocable Letter of Credit in U.S Dollar within 180 days with 0.8% of dividend ( in favour of ) each the Seller and payable and payable on presentation to the Bank for Foreign Trade of Vietnam of the following documents, each in three copies:
- Clean on board Bill of Lading
- Certificate of weight and/or quantity
- Certificate of Quantity issued by the Seller and/or the Maker
- Certificate of Origin issued by Chamber of Commerce and/or the Seller
- Insurance Policy
- Receipt of Shipmaster acknowledging it duly having received 3 sets of non- negotiation shipping documents as above mentioned
- Letter of Credit will be valid for 15 days after loading completed. The Buyer and the Sller will bear bank charges in their respective country but charges for amendment or extension of L/C will be borne by party that requires.
ARTICLE V: INSURANCE / SHIPMENT
1. Insurance :
Insurance for the contracted goods will be covered by the Seller by All Risk Policy
2. Notice of shipment:
- Pre- advice of shipment: Before shipment of the goods the Seller shall advice by cable/telex the Buyer of estimated time of shipment and name of carrying vessel
- Final advice of shipment: within 24 hours after shipment the Seller shall advice by cable/telex : Contract No, quantity, gross weight, net weight, measurement, number of packages, invoice value, name of carrying vessel, Bill of Lading number, sailing date for insurance purpose
ARTICLE VI: PORT DICHARGE AND INSPECTION
The Buyer will be entitled to have the goods inspected by Vinaconntrol at the destination, if any discrepancy arises in respect of quantity and quality the Buyer will first lodge claim by cable with the Seller, then within 90 days from the date of discharge will make a formal claim with supporting documents, such claim shall be setlled by the Seller within 30 days from its receipt of the Buyer's formal claim
ARTICLE VII: FORCE MAJEURE
Neither party shall be held responsible for delay of failure of performance of obligations provided for herein when such delay or failure is caused by strike, fire, flood, Act of God, earthquake or any laws, rules,or regulations of any governmental authority or other conditions beyond its control which can not be forecast or provided against and provided one or both parties are subject to such obligation.
The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing of the circumstance its commencement and ceasation and then deliver a certificate issued by the Chamber of Commerce at the place where the event or events occured as evidence thereof; In the event of delay caused by such force majeure exceeding 60 days each party shall have the right to cancel his contract, unless otherwise agreed, in which case neither party shall have the right to claim damages
ARTICLE VIII: ARBITRATION
This contract will be governed by the provision of Incoterms2000. If any dispute that arises under this contract can not be settled by an amicable agreement between the two sides, the matter shall be settled by the Internatiional Commercial Arbitration in Paris in accordance with its rules
ARTICLE X: OTHER CONDITIONS
The Buyer shall give a guarantee pursuant to procedure at the Bank for Foreign Trade of Vietnam
FOR THE SELLER FOR THE BUYER
CONTRACT FOR THE PURCHASE OF RICA
No.018VNF/1999
Between GALLUCK LIMITED
Flat A.3/F, Causeway Tower,
16 -22 Causeway Road
Causeway Bay HONGKONG
Tel: 8479900, 8976422: Fax: 4839200
Telex: 57889 WSGTC HK ( hereinafter called the Buyer)
And HANOI FOOD EXPORT IMPORT COMPANY
40 Hai Ba Trung Street, Hanoi VIETNAM
Tel: 328999, Telex: 328492 - VNF VT
Cable address : VINAFOOD HANOI ( hereinafter called the Seller)
It has been mutually agreed to the sale and purchase of rice on the terms and conditions as follows:
1. Commodity: Vietnamese White Rice
2. Specification:
- Brokens: 35% max
- Moisture: 14,5%
- Foreign matter: 0,4%
- Crop: 1998-1999
3. Quantity: 100 000 MT more or less 5% at Seller's option
4. Price: 2 USD per metrric ton net for June - Sepember 1999 shipments,
a- Dunnage, bamboomat for Shipowner's/Buyer's account
b- Shore tally to be at Seller' account
c- Vessel's tally to be at Buyer's/ Shipowner's account
d- All export duties, taxes, levied in the country of origin to be at Seller's account
e- All import duties, taxes, levied in the country of destination and outside Vietnam shall be for Buyer's account.
5. Time of shipment: 20 - 25 days after L/C opening date
6. Packing: Rice to be packed in single jute new bags of 50 kgs net each, about 50,6 kgs gross each, hand-sewn at mouth with jute twine thread suitable for rough handling and sea transportation. The Seller will supply 0.2% of new jute bags free of charge out of quantity of bags shipped
7. Insurance: To be arranged by the Buyer
8. Inspection and fumigation
a- The certificate of quality, weight and packing issued by Vinacontrol at loading port to be final and for Seller's account
b- Fumigation to be effected on board the vessel after completion of loading with expenses to be at Seller's account. But
expenses for crew on shore during the fumigation period including transportation, accommodation and meals at hotel for Ship owner's account
c- Time for fumigation not to count as laytime
9. Loading terms:
a- Buyer shall advise vessel's ETA and its particulars 15 days and Captain shall inform vessel's ETA, quantity to be loaded and other necessary imformation 72/48/24 hours before the vessel's arrival at loading port
b- Laytime to commence at 1.pm if N.O.R given before noon and at 8. AM next working day if NOR given in the afternoon during office hours. In case, vessel waiting for berth due to congestion, time commence to count 72 hours after N.O.R submitted
c- Loading rate: 800 MT per weather working day of 24 consecutive hours Sundays, holidays excepted even if used, based on the use of at least four to five normal working hatches/holds and all cranes /derricks and winches available in good order, if less than prorata
d- Seller shall arrange one safe berth of one safe port for the vessel of 10,000 - 20,000 MT capacity to load the cargo
e- Time between 17.00 PM on Saturday and the day preceeding a holiday until 8.AM next working day not to count as laytime even if used
f- Before submitting N.O.R., the vessel must be in free pratique. Immediately after vessel at berth, captain shall request Vinacontrol to inspect the hatches/holds and issue a cetificate certifying the hatches/ holds are clean, dry, free from harmful factions and suitable for goods loading with such expensses to be at ship owner's account and time not to count as laytime
g- Demurrage/Despatch of any, to be as per C/P rate
But maximum 4,000/ 2,000 USD per day or prorata and to be settled directedly between Seller and Buyer within 90 days after B/L date
h- For the purpose of obtaining shipping Documents such as:
- Cetificate of quality, weight and packing
The responsible party shall Cable/ Telex/ Fax advising shipment particulars within 24 hours after completion of loading
In order for the Buyer to obtain insurance, a Bill of Lading shall be issued immediately after completion of loading and before fumigatiooon and provided immediately to the Buyer
i- In case, cargo is ready for shipment as scheduled in this contract, but the Buyer fails to nominate the vesel to load, then all risks, damages, and associated expenses for cargo to be borne by the Buyer based on the Seller's actual claim. In the event no cargo is available to be loaded on the nominated vessel at the loading port, then dead freight to be paid by Seller based on Buyer's actual claim and the Buyer will submit the following documents to Vietcombank for receiving P.B:
( time counted : 20 -25 days from L/C opening date):
- N.O.R. with seller's signature
- Report signed by the Captain and the Seller confirming that the vessel has already arrived at the port to receive the
cargo but the Seller has no cargo to load
- Vietcombank's confirmation
10. Payment:
a- After signing the contract, the Buyer or the Buyer's nominee ( SHYE LIAN( HK) MANUFACTURING CO.LTD OR OTHER NOMINEE) will telex asking the Seller to open P.B. of 1% of total L/C amoount at Vietcombank Hanoi within two days thereof the Seller open P.B. and in form the Buyer, then, four days after receiving Vietcombank 's confirmation, the Buyer will open a telegraphic, irrevocable and confirmed L/C which is in conformity with this contract by an international first class bank at sight with T.T.R. acceptable for 40,000 MT in favour of Vinafood Hanoi through the Bank for Foreign Trade of Vietnam
For 60,000 MT the Buyer or Buyer's nominee will open a telegraphic, irrevocable and transferable at sight L/C which is in conformity with this contract with T.T.R. accepable. In case, the Seller requests the confirmation of L/C, the L/C will be confirmed for Seller's account
In the event that the Buyer fails to open L/C four days after receiving confirmation from Vietcombank then the Seller shall collect P.B. from the Vietcombank and then the contract is automatically cancelled
The Seller will collect the P.B. against presentation of shipping documents at Vietcombank
b- Presentation of the following documents to the Bank for Foreign Trade of Vietnam, payable within 3-5 banking days after reciept of the telex from Vietcombank cetifying that documents have been checked in conformity with the L/C terms:
- Full set of Clean on board B/L in three ( 3) originals marked Freight to collect
- Commercial invoice in three (3) folds
- Certificates of quality, weight and packing issued by Vinaconntrol to be final at loading port in six ( 6) folds
- Certificate of Origin issued by VIetnam Chamber of Commerce in six (6) folds
- Phytosanitary certificate issued by the Competent authority of Vietnam in six (6) folds
- Cable/ Telex/ Fax advising shipment Particulars within 24 hours after completion of loading
11. Force Majeure:
The Force Majeure( exemptions) clause of the international Chamber of Commerce (ICC publication No. 421) is hereby incorporated on this contract
12. Arbitration:
Any discrepancies and/or disputes arising out or in connection with this contract not settled amicably shall be referred to Arbitration accordance with the Rules and Practices of the International Chamber of Commerce in Paris or such other place agreed by both sides
13. Other terms:
Any amendment of the terms and conditions of this contract must be agreed to by both sides in writting
This contract is made in 06 originals in the English language, three for each party
This is subject to the Buyer's final confirmation by telex( June 18th, 1999 latest)
Made in Hanoi, on 9th June, 1999
For the Seller
Director
(signed/sealed)

For the Buyer
Managing Director
(signed)
you can down load CONTRACTFORTHEPURCHASEOFRICA.doc


Contract for fertilizer
No: 16/VNX-IDM
Date: Sep. 07 1999
Between: VNEXPORT
Address:.HCM Vietnam
Email:......
Telex:................Fax:................
Represented by...
Hereinafter called The Buyer
And:IndoIMPORT
Address:Japan
Tel:......................
Telex:...................Fax:...................
Represented by Mr.Okabe
Hereinafter called The Seller
It is mutually agreed between both sides to sign this contract with terms and specifications specified hereunder:
ARTICLE 1: COMMODITY & SPECIFICATION
1.1 Commodity: UREA FERTILIZER
1.2 Origin: INDONESIA
1.3 Specification: - Nitrogen: 46% min.
- Moisture: 0.5% max.
- Biuret: 1.0% max.
- Color: White
- Free flowing: treated with Anti- Caking
1.4 Packing: - 50 kg net in Polypropylen Woven bag with polythylene inner liner - 2% of total bag as empty spare bags to be supplied free of charge
ARTICLE 2: UNIT PRICE - QUANTITY & TOTAL AMOUNT
2.1 Unit price: USD 178/ MT C&F Hochiminh City Port
2.2 Quantity: 10,000 MT ( plus or minus 10% at seller's option)
2.3 Total amount: USD 1,780,000 (+/- 10% at seller's option)
Say: US Dollars one million seven hundred eighty thousand.
ARTICLE 3: SHIPMENT - DELIVERY
3.1 Time of shipment: not later than September 1993
3.2 Port of loading: Indonesia main ports
3.3 Destination port: Hochiminh City Port
3.4 Notice of shipment:
Within 2 days after the sailing date of carrying vessel to S.R Vietnam, the Seller shall notify by cable to the Buyer the following information:
+ L/C number
+ Amount
+ Name and nationality of the vessel
+ Bill of Lading number/ date
+ Port of loading
+ Date of shipment
+ Expected date of arrival at discharging port
3.5 Shipping mark:
UREA
46% NITROGEN MINIMUM
1% BIURET MAXIMUM
0.5% MOISTURE MAXIMUM
50 KGS NET
USE NO HOOKS
MADE IN INDONESIA
One side printed in green color
3.6 Discharging terms:
- When Notice of Readiness tendered before noon, lay time shall be commenced from 13:00 on the same date
- When Notice of Readiness tendered afternoon, laytime shall be commenced from 8:00 on next date
3.7 Discharging term: 900MT/ day WWDSHEX EIU
Dem/ Des: USD 2,000/ half
ARTICLE 4: PAYMENT
4.1 By irrevocable Letter of Credit at sight from B/L date for the full amount of the contract value
4.2 L/C Beneficiary: KOLON INTERNATIONAL CORP.
45 Mugyo- Dong, Chung Gu, Seoul - Korea
4.3 L/C advising Bank: KOREA FIRST BANK
Seoul - Korea
4.4 Bank of Opening L/C: VIETCOMBANK/ EXIMBANK
4.5 Time of opening L/C: within Sep. 15 1999
4.6 Payment documents:
Payment shall be made upon receipt of the following documents:
- 3/3 of clean on board Bill of Lading marked FREIGHT PREPAID
- Commercial invoice in triplicate
- Packing list in triplicate
- Certificate of origin issued by manufacturer
- SUCOFINDO's Certificate on quality/ weight
- One copy of sailing telex/ shipping advice
- Remark: the shipping document acceptable
- 1/3 B/L ( the top copy ) and transport documents sent by DHL
ARTICLE 5: FORCE MAJEURE
Strike, sabotage, which may be occure in Origin Country shall be considered as Force Majeure
ARTICLE 6: ARBITRATION
6.1 In the execution course of this contract, all disputes not reaching at amicable agreement shall be settled by the Economic Arbitration board of Hochiminh City under the rules of the International Chamber of Commerce whose awards shall be final and binding both parties
6.2 Arbitration fee and other related charges shall be borne by the losing party, unless otherwise agreed.
ARTICLE 7: PENALTY
7.1 To delay shipment/ delay payment
In case delay shipment/ delay payment happens, the penalty for delay interest will be based on annual rate 15 percent
7.2 To delay opening L/C:
In case delay opening L/C happens, the Seller has the right to delay shipment
7.3 To cancellation of contract
If Seller or Buyer want to cancel the contract, 5% of the total contract value would be charged as penalty to that party.
ARTICLE 8: GENERAL CONDITION
8.1 By signing this contract, previous correspondence and negotiations connected herewith shall be null and void
8.2 This contract comes into effect from signing date, any amendment and additional clause to these conditions shall be valid only if made in written form and duty confirmed by both sides.
8.3 This contract is made in 6 English originals, each side keeps 3.


FOR THE BUYER                                                                      FOR THE SELLER


Source: http://sites.google.com/site/exportvietnam/

1 comment:

chandra said...

This is exquisite!Concise and to the point!
Sales Contracts