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1、Procurement ContractsBuyers: United States import and export Co.Sellers:China Jingdezhen import and export trade Co.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
2、 the undermentioned goods subject to terms and conditions set forth hereinafter as follows:No.Cargo NameQuantityUnit PriceAmountNotesF1109Red porcelain a pot of four cups and saucers2¥1080.00 yuan per set¥2160 yuanF1110Kung fu tea set, China red porcelain, the color May 14 head kung fu tea set3¥2100
3、.00 yuan per set¥6300yuan F1111Golden bell 15 head tea set peony red porcelain tea set suit4¥3536.00 yuan per set¥14144 yuan F1112Red porcelain tea set: the color may a pot of six cups and saucers1¥4880.00yuan per set¥4880 yuan F1113Liling red porcelain tea set, liang tea set suit-longevity small gr
4、oup spend5¥5100.00 yuan per set¥25500 yuan F1114Four party hang happinessupside down five head tea set, the red porcelain square five head tea set2¥6980.00yuan per set¥1390 yuan M88The teapot new 4-water lily teapot positive, liling glaze colorful3¥8800.00yuan per set¥26400 yuan M9915 head green tea
5、 service who assists, liling hand-painted 15 head glaze colorful tea set4¥9360.00 yuan per set¥37440 yuan H5129Ying liling colored glazed ceramic tableware, 45 moth orchids (phalaenopsis) four party head tableware6the current price: 270.00 yuan per set¥1620yuan H513056 head in the plum blossom table
6、ware, hand-painted, liling glaze colorful porcelain10the current price: 530.00 yuan per set¥5300yuan H5131Supply 36 head colourful tableware (bound branch phoenix)-high-grade tableware9the current price: 340.00 yuan per set¥3060 yuan add up toAmount in Words:TOTAL VALUE USD Say U.S. Dollars 452,319
7、only.Amount in figure: ¥ 452,319 yuan 5.Total Amount:Price and the total contract amount set forth in the list of goods, U.S. dollar / yuan-denominated. The total contract amount: ¥452,319。6.Packing (seaworthy):7.Shipment date:29th.May.8. Port of Loading: dalian9. Port of Destination: newyork10. Shi
8、pping mark: The seller is responsible for the goods with each solid color is not faded or marked clearly Shuayin the following marks, and the port of destination, piece number, gross weight, net weight, size, volume (in cubic meters of that) and other markers buyer requirements . In the case of dang
9、erous and toxic goods, the seller is responsible for ensuring the goods in each clearly marked with the goods on the nature and the accepted mark.)11. delivered terms: CIF. Unless otherwise specified, CFR / CIF shall be in accordance with International Chamber of Commerce International Incoterms (IN
10、COTERMS 1900) apply.)12. insurance:insurance is to be covered for 110% of invoice value against all risks13. Payment Terms::D/P 13.1 Letter of CreditOne month prior to the time of shipment the Buyer shall open with the Bank of china an irrevocable Letter of Credit in favour of the Seller payable at
11、the issuing bank against presentati on 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.)13.2 Collection (D / P or D / A) paidA
12、fter shipment, the Seller shall draw a sight bill of exchange on the Buyer and deliver the documents through Sellers bank and _ china _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.)After shipment, th
13、e Seller shall draw a sight bill of exchange, payable _31_days after the Buyers delivers the documents through Sellers bank and _china_Bank to the Buyer against acceptance(D/A _7_days).The Buyer shall make the payment on date of the bill of exchange.)14.3 Remittance (T / T or M / T)The buyer by the
14、seller under this contract, article 23 of the shipping documents submitted after the 7 working days, to telegraphic transfer / mail transfer to pay money.)15. Product name, quantity, quality, brands and goods from the seller and the buyer the detailed technical requirements established by written ag
15、reement, in the list set out in the annex of this contract. The list attached to this contract as a contract attachment)16. Shelf life of goods: 20 years17. Goods warranty: 3 years,Lifelong maintenance. If this batch of product during the warranty period the product itself any trouble (except for us
16、e of improper force majeure), the seller notified within 7 days to resolve the scene. Any costs incurred during the period (defined as maintenance, spare parts and transport for travel) are liable for the seller. If the seller fails to comply with the above service commitment, resulting in loss or i
17、mpact the buyer the buyer work, in addition to compensation for damages from the buyer, the contract should also bear 10% of the amount of liquidated damages. Caused due to product quality, personal, property damage, the seller accept full legal responsibility and liability.)18. Other conditions: Un
18、less agreed and accepted by the Buyer, all other relevant matters in this contract Junan second Bufen delivery terms which shall delivery contract terms based Bukefendi part, if any additional terms of this contract automatically prevail Jiang implementation of additional provisions, such as additio
19、nal terms in conflict with the terms of the contract, Zeyi additional clause.)第二部分Part II20. For C&F Terms:)20.1. Sellers in Article 8 of this contract within the time to be loaded and shipped to Hong Kong to China from the port of direct shipping. Without Buyers prior permission of transshipment. G
20、oods shall not be hoisted by the Port Authority can not accept the Chinese national flag vessels loading.)20.2. Seller charter should only be seaworthy and suitable goods. Sellers should be prudent and careful charter to select the carrier and ship. The buyer does not accept non-member protection an
21、d indemnity association vessel.)20.3. 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.)20.4. The age of the carrying vessel chartered by the Seller shall no
22、t 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)20.5. For cargo lots over 1,000 M/T each, or any other lots less than 1,000 metric tons but id
23、entified 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 vesse
24、l, the expected date of loading, the expected time of arrival at the port of destination, the name, telex and cable address of the carrier.)20.6. 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 not
25、ify 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.)20.7. For break bulk cargoes, if goods are shipped in
26、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.)20.8. The Seller shall maintain close contact with the carrying vessel and shall notify the Buyer by fastest means of communi
27、cation 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 for all losses incurred for its failure to give timely advice or notification to the Buyer.)21. CIF Terms: Under CIF terms, besides Clau
28、se 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.)22. Advice of Shipment:Within 48 hours immediately after completion of loading of goods on board the vessel the Seller shall advise the
29、 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
30、Sellers 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.)23. Shipping Docume23.A. The Seller shall present the following documents to the paying bank for negotiation of p
31、ayment:23.A.1. Commercial invoice in triplicate, indicating contract number, credit number, product name, detailed specifications and shipping marks)23.A.2. Two copies of packing list and/or weight memo with indication of gross and net weight of each package and/or measurements volume)23.A.3. Two co
32、pies each of the certificates of quality and quantity certificate of origin 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.)23.A.4. One duplicate copy of th
33、e cable or telex advice of shipment as stipulated in Clause 17 of the Terms of Delivery.)23.A.5. A letter attesting that extra copies of abovementioned documents have been dispatched according to the Contract.)23.A.6. A letter attesting that the nationality of the carrying vessel has been approved b
34、y the Buyer.)23.A.7. 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.)23.B. Any original document(s) made by rephotographic system, automated or computerized system or carbon copies shall
35、 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.)23.C. Through Bill of Lading, Stale Bill of Lading, Short Form Bill of Lading, shall not be acceptable.) 23.D. Third Party appo
36、inted 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. )23.E.(Documents issued earlier than the opening date of Letter of Credit shall not be accepta
37、ble.) 23.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, Masters of Mates receipt, shipping order and cargo or stowage plan and/or other documents called for in the Letter of Credit by the Buyer
38、.)23.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 Buyers receiving agent, at the port of destination. )23.H. Immediately after the departure of the carrying vessel, the Seller shall airmail one set
39、of the duplicate documents to the Buyer and three sets of the same to Transportation Corporation at the port of destination.)24. The Seller shall assume full responsibility and be liable to th e Buyer and shall compensate the Buyer for all losses arising from going astray of and/or the delay in the
40、dispatch of the above mentioned documents.)25. Banking charges outside the Peoples Republic of China shall be for the Sellers account.) 26(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 gove
41、rned by relevant air terms.)28. 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
42、 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 Inspectio
43、n 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
44、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.)29. Damages:With the exception of late delivery or non-delivery due to “Force Majeure” causes, if the Seller fails to make delivery of the
45、 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 conse
46、quential 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 Buyers right to claim compensations.) 30. Force Majeure:Neither the Seller or the Buyer shall be held responsible for late delivery or non-delivery o
47、wing 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
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