TOTAL 65401.50 TOTAL CONTRACT VALUE: PACKING: SAY US DOLLARS SIXTY FIVE THOUSAND FOUR HUNDRED AND ONE AND CENTS FIFTY ONLY 71H5,71H5B，71H5F To be packed in gift box of 6 pieces each. 10 boxes to one export carton. Meas. 40*25.5*35.5cm. 71H0 To be packed in gift box of 12 pieces each. 6 boxes to one export carton. Meas. 40*34*35cm. TERMS OF SHIPMENT: PORT OF LOADING& DESTINATION: PAYMENT: DURING MAY 2003 PARTIAL SHIPMENT NOT ALLOWED TRANSSHIPMENT ALLOWED FROM SHANGHAI, CHINA TO BARCELONA, SPAIN BY IRREVOCABLE SIGHT LETTER OF CREDIT OPENED BY THE BUYER THROUGH A BANK ACCEPTABLE TO THE SELLER NOT LATER THAN APRIL 25TH 2003 AND REMAIN VALID FOR NEGOTIATION IN SHANGHAI UNTIL 15TH DAY AFTER THE AFORESAID TIME OF SHIPMENT. RISKS AND WAR RISK AS PER AND SUBJECT TO CIC OF PICC. INSURANCE: TO BE COVERED BY THE SELLER FOR 110% OF TOTAL INVOICE VALUE AGAINST ALL Confirmed by: THE SELLER SHANGHAI XINLIAN IMP. & EXP. CO.,LTD. XXX REMARKS: 1. The buyer shall have the covering letter of credit which should reach the Seller 30 days before shipment, failing which the Seller reserves the right to rescind without further notice, or to regard as still valid whole or any part of this contract not fulfilled by the Buyer, or to lodge a claim for losses thus sustained, if any. 2. In case of any discrepancy in Quality/Quantity, claim should be filed by the Buyer within 30 days after the arrival of the goods at port of destination; while for quantity discrepancy, claim should be filed by the Buyer within 15 days after the arrival of the goods at port of destination. 3. For transactions concluded on C.I.F. basis, it is understood that the insurance amount will be for 110% of the invoice value against the risks specified in the Sales Confirmation. If additional insurance amount or coverage required, the Buyer must have the consent of the Seller before Shipment, and the additional premium is to be borne by the Buyer. 4. The Seller shall not hold liable for non-delivery or delay in delivery of the entire lot or a portion of the goods hereunder by reason of natural disasters, war or other causes of Force Majeure, However, the Seller shall notify the Buyer as soon as possible and furnish the Buyer within 15 days by registered airmail with a certifi-cate issued by the China Council for the Promotion of International Trade attesting such event(s). 5. All deputies arising out of the performance of, or relating to this contract, shall be settled through negotiation.In case THE BUYER MONARCH TRADING S.A. Jim Smidth 页 共 16 页 第15
no settlement can be reached through negotiation, the case shall then be submitted to the China International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitral rules.The arbitration shall take place in Shanghai. The arbitral award is final and binding upon both parties. 6. The Buyer is requested to sign and return one copy of this contract immediately after receipt of the same.Objection, if any, should be raised by the Buyer within it is understood that the Buyer has accepted the terms and conditions of this contract. 7. Special conditions: ( These shall prevail over all printed terms in case of any conflict.) （3）信用证
中国银行 BANK OF CHINA ADDRESS: 50 HUQIU ROAD. CABLE: CHUNGKUO TELEX：33062 BOCSH ECN 信用证通知书 Notification of Documentary Credit SWIFT：BKCHCMBJ30 DATE : 2003/04/20 BENEFICIARY SHANGHAI XINLIAN IMP.& EXP. CO.,LTD NO.1100 SIPING ROAD SHANGHAI CHINA ISSUING BANK BANCO POPULAR ESPANOL BARCEL ONA SPAIN 0753700 L/C NO. 信用证号 MON-XLLC10 DATED 开证日期 APRIL 14TH 2003 Dear sirs, 迳启者 We have pleasure in advising you that we have received from the a/m bank a(n) 兹通知贵司，我行收自上述银行 ( ) pre-advising of ( ) telex issuing (x) original 预先通知 电传开立 正 本 ( ) mail confirmation of ( ) ineffective ( ) duplicate 证实书 未生效 副 本 Amount 金额 US$ 65401.50 Transmittedtous through 转递行 WHEN CORRESPONDING PLEASE QUOTE OUR REF.NO.: 7114645 页 共 17 页 第16
letter of credit, contents of which are as per attached sheet(s). This advice and the attached sheet(s) must accompany the relative documents when presented for negotiation. 信用证一份, 现随附通知。贵司交单时, 请将本通知书及信用证一并提示。 （x）Please note that this advice does not constitute our confirmation of the above L/C nor does it convey any engagement or obligation on our part. 本通知书不构成我行对此信用证之保兑及其它任何责任。 （ ）Please note that we have added our confirmation to the above L/C, negotiation is restricted to ourselves only. 上述信用证已由我行加具保兑, 并限向我行交单。 本信用证连同面函及附件共 3 纸。 If you find any terms and conditions in the L/C which you are unable to comply with and or any error(s), it is suggested that you contact applicant directly for necessary amendment(s) of as to avoid any difficulties which may arise when documents are presented. 如本信用证中有无法办到的条款及/或错误, 请迳与开证申请人联系进行必要的修改, 以排除交单时可能发生的问题。 TEST CORRECT WITH US SHANGHAI LOGICAL TERMINAL P005 ISSUE OF A DOCUMENTARY CREDIT PAGE 00001 FUNC SWPR3 UMR 00704186 MSGACK DWS765I AUTH OK， KEY 03 , BKCHCNBJ POPUESMM RECORD BASIC HEADER F 01 BKCHCNBJA300 8371 758819 APPLICATION HEADER 0 700 1312 010414 POPUESMMAXXX 2391 181273 010414 1913 N *BANCO POPULAR ESPANOL, S.A. *BARCELONA , SPAIN *0753700 USER HEAD SERVICE CODE. 103: BANK , PRIORITY. 113: MSG USER REF, 108: INFO, FROM CI 115: SEQUENCE OF TOTAL *27 : 1 / 1 FORM OF DOC. CREDIT *40 A : IRREVOCABLE DOC. CREDIT NUMBER *20 : MON-XLLC10 DATE OF ISSUE 31 C : 010414 EXPIRY *31 D : DATE 010610 PLACE SHANGHAI APPLICANT *50 :MONARCH TRADING S.A. 中国银行 上海分行 信用证 通知章 FOR BANK OF CHINA 页 共 18 页 第17
PASEO DELA CASTELLANA 178 ,BARCELONA, SPAIN BENEFICIARY *59 : SHANGHAI XINLIAN IMP & EXP CO.,LTD. NO.1100 SIPIN ROAD , SHANGHAI ,CHINA AMOUNT *32 B : CURRENCY USD AMOUNT 65401.50 AVAILABLE WITH/BY *41D : BANK OF CHINA , SHANGHAI BRANCH BY NEGOTIATION DRAFTS AT ... *42 C : 30 DAYS AFTER SIGHT QUOTING NO. AND DATE OF THIS LC AND NAME OF LC ISSUING BANK DRAWEE *42 D : ISSUING BANK FOR FULL INVOICE VALUE PARTIAL SHIPMENTS *43 P : NOT ALLOWED TRANSSHIPMENT *43 T : NOT ALLOWED LOADING IN CHARGE *44 A : SHANGHAI,CHINA FOR TRANSPORT TO ... *44 B : BARCELONA (PORT) , SPAIN BY SEAWAY LATEST DATE OF SHIP. *44 C : 010531 DISCRIPT. OF GOODS *45 A : \ CIFC5 BARCELONA PACKING IN STANDARD EXPORT CARTON LOGICAL TERMINAL P005 ISSUE OF A DOCUMENTARY CREDIT PAGE 00002 FUNC SWPR3 UMR 00704186 DOCUMENTS REQUIRED *46 A : +. SIGNED COMMERCIAL INVOICE IN 03 FOLDS +. SIGNED PACKING LIST IN 3 FOLDS. +. INSURANCE POLICY / CERTIFICATE, ENDORSED IN BLANK FOR 110 PERCENT OF FULL CIF VALUE, COVERING INSTITUTE CARGO CLAUSES (A), INSTITUTE WAR CLAUSES (CARGO) AND INSTITUTE STRIKES CLAUSES ( CARGO ) SHOWING CLAIMS, IF ANY, ARE TO BE PAID AT DESTINATION IN THE SAME CURRENCY OF THE DRAFTS. +. FULL SET OF CLEAN ON BOARD BILL OF LADING MADE OUT TO ORDER MARKED \ ADDRESS. +. G.S.P. CERTIFICATE FORM 'A' IN 01 FOLD +. SHIPPING MARK:MONARCH/XL-MONSC10/BARCELONA/ C/NO.1-UP ADDITIONAL COND. *47 A : AN ADDITIONAL FEE QUOTED BELOW WILL BE APPLICABLE TO EACH SET OF DISCREPANT DOCUMENTS PRESENTED UNDER THE TERMS OF THIS L/C, THE FEE WILL ALWAYS HAVE TO BE BORNE BY THE BENEFICIARY'S IRRESPECTIVE OF WHETHER SUCH DOCUMENTS ARE FINALLY ACCEPTED BY US OR NOT, OUR DISCREPANCY FEE 页 共 19 页 第18
USD 40.00 DETAILS OF CHARGES *71 B ： ALL BANKING CHARGES OUTSIDE SPAIN ARE FOR THE ACCOUNT OF BENEFICIARY. PRESENTATION PERIOD *48 : 21 DAYS AFTER SHIPMENT DATE CONFIRMATION *49 : WITHOUT INSTRUCTIONS *78 : UPON RECEIPT OF DOCUMENTS IN ACCORDANCE WITH L/C TERMS , AT BUSINESS DAY IN SPAIN AND CHINA ADVISE THROUGH *57D ：BANK OF CHINA SHANGHAI BRANCH 23 ZHONG SHAN ROAD E. I. SHANGHAI 200002 CHINA SEND. TO REC. INFO. *72 ：SUBJECT TO U.C.P.( 1993 REVISION ) I.C.C. PUBLICATION NO. 500 THIS IS THE OPERATIVE INSTRUMENT, NO MAIL CONFIRMATION WILL FOLLOW. TRAILER ORDER IS
序号 信用证存在问题 1 2 3 受益人地址 合同号码 付款期限 修改理由 单证不符 与合同规定不符 超出合同规定期限 改正 NO. 1100 SIPING ROAD SHANGHAI, CHINA XL-MONSC10 IRREVOCABLE SIGHT LETTER OF CREDIT 页 共 20 页 第19