附件四：
CONTRACT No.:
Signing place: Signing Date:
The Buyer: Address:
Tel: Fax: Post code:
The Seller: Address:
Tel: Fax: Post code:
The End-user: Address:
Tel: Fax: Post Code:
The Buyer is appointed and authorized by____________________(the End-user) to sign and execute the Contract according to the terms and conditions stipulated below. The Buyer’s rights and obligations under the Contract shall be held and undertaken by the End-user. 1. Item No. Total Price:
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Commodity, Specifications Unit Quan. Unit Price Total Amount 2. COUNTRY OF ORIGIN AND MANUFACTURERS:
3. PACKING:
To be packed in strong wooden case(s) or in carton(s), suitable for long distance parcel post /air freight transportation and change of climate, and necessary measures shall be taken so that the Contract commodity will be well protected against moisture, shocks, rust, corrosion and other damages.
If any of the commodity is damaged or lost due to improper packing and/or inadequate or improper protective measures taken by the Seller in regard to the packing, the Seller shall be liable for repair, replacement and /or compensation. The wood packaging the Seller used shall be treated against pests by the enterprises approved by the phytosanitary organization in exporting countries or areas in accordance with the requirements of International Plant Protection Convention (IPPC) and carried with special mark of IPPC, which shall be legible, permanent and not transferable and placed in the visible place on at least two opposite sides (The use of red or orange for the special mark should be avoided). The measure(s) against pests and the special mark shall satisfy the approved requirements of phytosanitary treatment(s) against pests and the special mark by State General Administration of Quality Supervision, Inspection and Quarantine of the PRC（AQSIQ）. In case the local phytosanitary branch of AQSIQ finds through quarantine measures that the wood packaging does not carry with the required special mark, the mark does not satisfy the requirements or live pests are intercepted, the Seller shall pay for all the expenses of treatments against pests, destroy the packaging or transport back at the port of unloading and shall compensate the Buyer for all the expenses, costs and damages thus incurred.
In order to enable the Buyer to make the customs clearance in time, the Seller shall provide, in case of wood packaging, a written statement confirming that the used wood packaging has been treated against pests and the special mark of IPPC has been placed properly by the enterprises approved by the phytosanitary organization in exporting country or area in accordance with the requirements of IPPC and indicating ISO two-letter country code, the unique number assigned to the producer of the wood packaging material approved by the phytosanitary organization in exporting countries or areas and IPPC abbreviation for the approved measure against pests (e.g. HT, MB) used in the special mark of IPPC on the wood packaging; or in case non-wooden packaging is agreed upon by the Buyer, a written statement confirming that non-wooden materials have been used.
In case China Compulsory Certification (CCC) for Contract Equipment is required by the law of PRC, the Seller shall at its own cost obtain certificate of the CCC, mark the sign of CCC on Contract Equipment and provide the Buyer the duplicate copies of the certificate of the CCC in accordance with the provisions of the Contract. If the Seller fails to submit such required CCC certificate in due time, all the
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costs thus incurred at the Port of Unloading including but not limited to storage expenses, penalties imposed by the customs and container overdue fine shall be borne by the Seller.
One full set of service and operation manuals concerned shall be enclosed in the case(s).
4. SHIPPING MARK:
The Seller shall mark on each package with fadeless paint the Contract number, the airport of destination, consignee, the package number, gross weight, net weight, measurement and the wordings: “KEEP AWAY FROM MOISTURE” “HANDLE WITH CARE”, “THIS SIDE UP” etc. and the shipping mark. The shipping mark:
5. TIME OF SHIPMENT:
6. PORT OF SHIPMENT:
7. PORT OF DESTINATION:
8. INSURANCE:
For FCA or CPT terms, to be covered by the Buyer from shipment; For CIP Terms, to be covered by the Seller from shipment.
9. PAYMENT: under (A) (B) (C) below:
(A) Under Letter of Credit: The Buyer, upon receipt from the Seller of the delivery advice specified in Clause 11 hereof, shall, 20--25 days prior to the date of delivery, open an irrevocable letter of credit with the Buyer’s Bank, in favour of the Seller, for the total value of shipment. The credit shall be available against Seller's draft(s) drawn at sight on the opening bank for 100% invoice value accompanied by the shipping documents specified in Clause 10 hereof. Payment shall be effected by the opening bank, (by telegraphic transfer/airmail transfer) against presentation to them of the aforesaid draft(s) and documents. The Letter of Credit shall be valid until the 15th day after the shipment is effected.
(B) On Collection: Within seven days after shipment, the Seller shall draw on the Buyer at sight and send the draft(s) together with the shipping documents
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specified in Clause 10 hereof, to the Buyer through the Seller's bank and Buyer’s Bank for collection.
(C) By Direct Remittance: Payment shall be effected by the Buyer, by telegraphic transfer/ airmail transfer, within seven days after receipt from the Seller of the shipping documents specified in Clause 10 hereof which should be sent by express mail to the Buyer within seven days after shipment.
10. DOCUMENTS:
(1) In case of air-freight:
original and photostated Airway Bill marked \to Collect\Prepaid\Contract number and shipping marks, and consigned to the Buyer, notifying (the notifying party). The Airway Bill issued by Airlines (Aviation Co.) or the House Airway Bill (HAWB) issued by the agent named by the Buyer for air transportation shall be acceptable. The HAWB not issued by the agent of the Buyer for air transportation shall not be accepted.
In case of air parcel post:
original and photostated air-parcel post receipt indicating Contract number and shipping marks addressed to the Buyer.
(2) Manually signed invoice in _____ original(s) and _____ copies indicating Contract number and shipping marks (in case of more than one shipping mark, the invoice shall be issued separately) made out in details as per the relative Contract.
(3) Packing list in originals issued by the Manufacturers. (4) Certificate of quality and quantity issued by the Manufacturers in original(s) and _____ copies.
(5) copy of fax to the Buyer made by the Seller within ____ hours after shipment advising the particulars of shipment.
(6) For CIP Terms, originals and duplicate copies of air transportation insurance policy for 110% full CIP invoice value of Contract Commodity showing claims payable in China in Contract Currency without deductible clause and covering all risks, war risk.
(7) originals and duplicate copies of the valid export license issued by relevant authorities of the Seller’s and/or manufacturer’s country or the Seller’s statement certifying that no export license is required.
(8) originals and duplicate copies of the written statement issued by the Seller in accordance with the Article 3 (to the extent required by the law of PRC).
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(9) duplicate copies of China Compulsory Certificate (CCC) (to the extent required by the law of PRC).
In addition, the Seller shall within hours after shipment, send by express to the Buyer one original of airway bill, invoice, packing list, written statement issued by the Seller in accordance with the Article 3 (to the extent required by the law of PRC) and one duplicate copy of China Compulsory Certificate.
The number of the documents and their contents shall be complete and correct, if the Buyer fails to pass the Customs and take over the goods in time due to the Seller not having provided the documents specified as above, all losses shall be borne by the Seller.
11. SHIPMENT:
The Seller shall, 30 days before the date of shipment stipulated in the Clause 5 of this Contract, advise the Buyer by fax of the Contract No., commodities, quantity, value, number of package, gross weight, measurement and date of readiness at the port of shipment.
The Seller shall pay any taxes, customs duties and fees as well as charges levied in respect of the exportation of goods contracted, and bear all risks of the goods before the goods have been delivered to the above-mentioned air carrier (Aviation Co.), or the post office at the port of shipment specified in this Contract.
(1) In case of FCA Terms: a. By Air:
The Seller shall deliver the goods within the time of delivery into the charge of the air carrier (Aviation Co.) or his agent named by the Buyer at the airport of shipment specified in this Contract.
b. By Air Parcel Post:
The Seller shall deliver the goods contracted within the time of shipment into the charge of the post office at the port of shipment specified in this Contract.
(2) In case of CPT Terms: By Air/Air Parcel Post:
The Seller shall deliver the goods within the time of delivery from the port of delivery. The Seller shall, immediately after despatch of the goods, advise the Buyer by fax of the Contract No., commodity, invoiced value and date of despatch for the Buyer to arrange insurance in time.
Should the port of destination marked on the airway bill/air parcel post receipts be found not in conformity with the stipulations of this Contract, the Buyer shall have the right to refuse to effect payment.
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