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1、1 購(gòu)銷合同
1.2 購(gòu)銷合同的格式
?(1) 格式合同的格式
Contract
This Agreement, made and entered into on?????? (Date) of?????? (Month), ????(Year), by and between???? (Name of Company A), a corporation organized and existing under the laws of?????? (country or jurisdiction) having its principal office at???? (place)
2、(hereafter called “A”) and??????? (Name of Company B), a corporation organized and existing under the laws of?????? ?(country or jurisdiction) having its principal office at???? (place) (hereafter called “B”).
WITNESSTH WHEREAS, A desires to export to B the goods as specified in Exhibit A hereof (h
3、ereafter called the “Goods”); and whereas, B desires to import the Goods from A;
??? Now, THEREFORE, A and B hereby agree as follows:
??? Article??????? 1……
????????????????? ?……
??? Article??????? 20……
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their re
4、spective representatives on the date first above written.
WITNESSED:
BY????????
Title???????
Date???????
WITNESSED:
BY????????
Title???????
Date???????
(2) 銷售確認(rèn)書(shū)
SALES CONFIRMATION
To Messrs???????
Date:?????
Signed at?????
Our Letters/ Cables/ Reference:
Your Letters/ Cables
5、/ Reference:
Dear Sirs,
We hereby confirm having sold to you on this date??????? the following goods on terms and conditions as set forth below:
Commodity:
Specification:
Quantity:
Unit Price:
Total Value:
Date of Shipment:
Port of Loading and Destination:
Terms of Payment:
?? By confirm
6、ed and irrevocable L/C for full invoice value, available by draft at sight. Negotiable in??? (place) valid in??? (country) until the 15th (fifteenth) day after date of shipment. The L/C is to reach the sellers not later than______(date).
Packing:
Mark & No.:
Insurance:
Remarks:
? 1. Shipping we
7、ight and quality is to be certified by and subject to the inspection certificate issued by (name of country) Commodity Inspection Bureau.
? 2. Delivery of 5% more or less than the total contract quantity shall be allowed and settled at the contract price.
? 3. All the terms contained in this S/C a
8、re to be deemed as final and the terms as well as wording to be specified in the L/C shall be strictly in conformity with those stipulated in this sales confirmation.
1.3 購(gòu)銷合同的基本內(nèi)容
(1) 開(kāi)頭語(yǔ)
? This Contract signed in????????? (month) on?????? (date), ????????(year), by and between?????? (hereinafte
9、r referred to as the “Seller”) and?????????? (herein-after referred to as the “Buyer”) on the other hand.
(2) 買賣協(xié)定
The Seller shall sell and deliver to the Buyer?????? units of products each unit to contain?????? kilograms of product. The product delivered under this Agreement shall conform to the
10、 standard specifications for the product adopted by the??????? Trade Association.
(3) 價(jià)格
1)The price shall be ?????????dollars per unit, F.O.B.???????? (place).
? 2)The Seller shall have the right to increase the price of the goods specified in this contract at any time. If the Buyer refuses to a
11、ccept the price increase specified by the Seller, the Buyer may cancel this Agreement. Unless this contract is so canceled, the increased price shall be charged for all goods shipped thereafter.
? 3)The price specified above is based on freight rates on the goods between the warehouse of the Buyer
12、and the factory of the Seller. If such freight rates increase or decrease, the price specified shall be adjusted accordingly.
(4) 支付條款
1)Payment shall be made by net cash against sight draft with bill of lading attached showing the shipment of the goods. Such payment shall be made through the?????
13、??? (bank) of???????? (place). The bill of lading shall not be delivered to the Buyer until such draft is paid.
2)Within????????? days from the date of this Agreement, the Buyer shall establish an irrevocable letter of credit with a first class bank in compliance with the terms and conditions set f
14、orth in this contract.
? 3)Payment for the goods specified herein shall not mean an acceptance there of by the Buyer with regard to its quality. All goods shall be accepted only after the Buyer’s inspection.
? 4)????? percent of contract price shall be paid in????????? on the basis of RMB.????? pe
15、rcent of contract price shall be paid in?????? dollar on the basis of RMB. AAA shall remit by cable the amount which is paid in?? ?????dollar on the basis of RMB as mentioned above to ZZZ Account No???? in the Bank of?????? . The exchange rate between RMB and dollar shall be computed according to do
16、llar telegraphic transfer buying rate quoted by the Bank of ???????on the date of the bill.
? 5)The total of $???????? should be disbursed in the following manner.
? a)40% of the total should be made during the signing of the Agreement. This payment should be used for mobilization.
? b)A second
17、installment payment of 30% should be made upon completion of 75% of the works to be executed.
? c)A third installment payment should be made upon 100% completion.
? 6)Terms of payment shall be net cash in_______(place) exchange, due at the Seller’s????? (place) office in?????? days from date of sh
18、ipment. If, at any time before shipment, the financial responsibility of the Buyer becomes impaired or unsatisfactory to the Seller, in the Seller’s judgement, cash payment or satisfactory security may be required by the Seller before shipment.
? 7)The Purchaser agrees to pay to the Seller, and the
19、 Seller agrees to receive as payment the cash price of ????????.
? 8)The??????? (country) currency amount of any sum payable shall be determined on the basis of the official exchange rate.
? 9)The part of the contract price shall be paid in?????? (currency) by way of an irrevocable letter of credi
20、t against presentation by Contractor to the negotiating bank.
? 10)The entire sum remaining unpaid shall become immediately due and payable.
? 11)AAA shall pay to BBB as rental for the use of the ship per month payable on the?????? the day of each month.
? 12)Payment shall be made by net cash against sight draft with bill of lading attached showing the shipment of the goods.