书城外语商务英语实用大全
17084200000054

第54章 商务合同(18)

如无特殊说明,本合同执行国际商会国际贸易术语解释通则2000及其修订版本的规定。

13. 不可抗力

买卖双发同意在以下情况下履行合同义务的时间可推迟到情况得到控制之时:

在合同期内的任何时间,合同任一方遇到以下任何一种情况时,战争,任何性质的军事行动、内乱、恶意破坏行动、检疫隔离、禁运、火灾、水灾、流行疾病、爆炸、装运系统的瘫痪以及政府约束等。

任何一方若由于不可抗力不能履行合同,需在不可抗力发生的15天内将情况通知给对方。未能履行合同义务的一方须在不可抗力发生后及时通知另一方当时情况并出据其所在国商会或与此次不可抗力相关的部门签发的证明作为延时履行合同的证明。

14. 仲裁

若双方就合同条款有所争议且不能达成一致意见,则可将争端交由中国国际经济贸易仲裁委员会处理。

15. 合同有效期

自签字日起,本合同有效期为一年。合同期满后的任何延期都需经双方协商同意。

此合同代替双方之前一切口头与书面的协定。任何修改都需经双方协商同意并出具书面文件。

卖方: 买方:

日期: 日期:

读书笔记

Import Contract

进口合同

The Buyers:

The Sellers:

This Contract is made by and between the Buyers and the Sellers, whereby the Buyers agree to buy and the Sellers agree to sell the undermentioned commodity according to he terms and conditions stipulated below:

1. Commodity, specifications, quantity and unit price:

2. Total amount:

3. Country of origin and manufacturers:

4. Packing:

To be packed in strong wooden cases suitable for long-distance ocean transportation and well protected against dampness, moisture, shock, rush. The Sellers shall be liable for any rust, damage and loss attributable to inadequate or improper protective measures taken by the Sellers in regard to the packing.

5. Time of shipment:

6. Port of shipment:

7. Port of destination:

8. Terms of payment:

One month prior to the time of shipment the Buyer shall open with the bank of an irrevocable letter of credit in favor of the seller payable at the issuing bank against presentation of documents as stipulated under clause 9, 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.

9. Documents

The Seller shall present the following documents to he paying bank for negotiation:

(1) Full set of clean on board Ocean/Combined Transportation/Land Bills of Lading and blank endorsed marked freight prepaid/ to collect;

(2) copies of Packing List with indication of shipping weight, number and date of the corresponding invoice;

(3) Packing list/weight memo in copies issued by;

(4) Certificate of Quality in copies issued by;

(5) Certificate of Quantity in copies issued by;

(6) A copy of cable to he Buyers, advising the Buyers of the shipment immediately after it has been made.

10. Quality Guarantee

The Sellers shall guarantee that the commodity is made of best materials, with first-class workmanship, brand-new, unused and complies in all respects with the quality, specifications and performance as stipulated in this Contract. The Sellers shall guarantee that the goods, when correctly mounted and properly operated and maintained, shall perform satisfactorily for a period of months beginning from the date on which the commodity arrives at the port of destination.

11. Inspection

The manufacturers shall, before delivery, make a precise and comprehensive inspection of the goods with regard to its quality, specifications, performance and quantity/weight, and issue inspection certificates certifying the technical data and conclusion of the inspection. After arrival of the goods at the port of destination, the Buyer shall apply to China Commodity Inspection Bureau (hereinafter referred to as CCIB) for a further inspection as to the specifications and quantity/weight of the goods. If damages of the goods are found, or the specifications and/or quantity are not in conformity with the stipulations in this Contract, except when the responsibilities lies with Insurance Company or Shipping Company, the Buyer shall, within days after arrival of the goods at the port of destination, claim against the Seller, or reject the goods according to the inspection certificate issued by CCIB. In case of damage of the goods incurred due to the design or manufacture defects and/or in case the quality and performance are not in conformity with the Contract, the Buyer shall, during the guarantee period, request CCIB to make a survey.

12. Claims

The buyer shall make a claim against the Seller (including replacement of the goods) by the further inspection certificate and all the expenses incurred therefrom shall be borne by the Seller. The claims mentioned above shall be regarded as being accepted if the Seller fail to reply within two weeks after the Seller received the Buyer"s claim.

13. Force Majeure

The Seller shall not be responsible for the delay of shipment or non-delivery of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading or transit. The Seller shall advise the Buyer immediately of the occurrence mentioned above and within 14 days thereafter, the Seller shall send by airmail to the Buyers a certificate of the accident issued by the local competent government authorities as evidence thereof. Under such circumstances the Seller, however, are still under the obligation to take all necessary measures to hasten the delivery of the goods. In case the accident lasts for more than 100 days the Buyer shall have the right to cancel the Contract.