英文合同精选

英文合同精选 篇一

Ⅰ Party A ___________wishes to engage the service of Party B______________ as______________. The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it.

ⅡThe period of service will be from the______day of______,20__ to the ______day of______,20__

Ⅲ The duties of Party B (see attached pages)

Ⅳ Party B's monthly salary will be ￥_______ yuan RMB,__ % of which can be converted into foreign currency monthly.

Ⅴ Party A's Obligations

1. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party A' work system and regulations concerning administration of foreign experts.

2. Party A shall conduct direction, supervision and evaluation of Party B's work.

3. Party A shall provide Party B with necessary working and living conditions.

4. Party A shall provide co-workers.

5. Party A shall pay Party B's salary regularly by the month.

Ⅵ Party B's obligations

1. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China's internal affairs.

2. Party B shall observe Party A's work system and regulations concerning administration of foreign experts and shall accept Party A's arrangement, direction, supervision and evaluation in regard to his/her work. Without Party A's consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.

3. Party B shall complete the tasks agreed on schedule and guarantee the quality of work.

4. Party B shall respect China's religious policy, and shall not conduct religious activities incompatible with the status of an expert.

5. Party B shall respect the Chinese people's moral standards and customs.

Ⅶ Revision, Cancellation and Termination of the Contract

1. Both parties should abide by the contract and should refrain from revising, canceling, or terminating the contract without mutual consent.

2. The contract can be revised, canceled, or terminated with mutual consent. Before both parties have reached an agreement, the contract should be strictly observed.

3. Party A has the right to cancel the contract with a written notice to Party B under the following conditions;

(1) Party B does not fulfill the contract or does not fulfill the contract obligations according to the terms stipulated, and has failed to amend after Party A has pointed it out.

(2) According to the doctor's diagnosis, Party B cannot resume normal work after a continued 30 day sick leave.

4. Party B has the right to cancel the contract with a written notice to party A under the following conditions:

(1) Party A has not provided Party B with necessary working and living conditions as stipulated in the contract.

(2) Party A has not paid Party B as scheduled.

Ⅷ Breach Penalty

When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US$500 to 2,000 (or the equivalent in RMB).

If Party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party A's consent, and pay its own return expenses; If Party B cancels the contract without valid reason, it should pay its own return expenses and pay breach penalty to Party A. If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party B's return expenses; if Party A cancels the contract without valid reason, it should pay Party B's return expenses and pay a breach penalty to Party B.

Ⅸ The appendix of this contract is an inseparable part of the contract and has equal effect

Ⅹ This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either of the two parties asks for a new contract, it should forward its request to another party 90 days prior to the expiration of the contract, and sign the new contract with mutual consent. Party B shall bear all expenses incurred when staying on after the contract expires.

Ⅺ Arbitration

The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign experts affairs in the State Administration of Foreign Experts Affairs and ask for a final arbitration.

This Contract is signed at_____________ , in duplicate, this_____ day of _______,20__, in the Chinese and _______ languages ,both texts being equally authentic.

Party A Party B

(Signature)(Signature)

英文合同精选 篇二

Ф3.2m×1 TWO-STAGE COLD

COAL GAS STATION

CONTRACT

No: 01/20xx/HCT-QINGDAO

THE BUYER:

THE SELLER: xxxxxxxxxxxxxxxxxxxxxxxxxxxxx

CONTRACT

Contract No: No: 01/20xx/HCT-QINGDAO

The contract is signed in Vietnam in

Between:

THE BUYER: xxxxxxxxxxxxxxxxx

Add:

Tel: Fax:

Represented by: Mr.

And

THE SELLER: xxxxxxxxxxxxxxxxxxx

Add: xxxxxxxxxxxxxxxxxxxxxx

Tel: Fax:

Represented by: Mr.

The Seller and the Buyer have agreed upon the terms and conditions as follows:

ARTICLE 1: LANGUAGE AND UNIT OF MEASUREMENT

1.1 Contract documents, reports, communication and correspondences between two Contractual parties, requirements and work instruction and all other notices shall be done in English.

1.2 The metric decimal system shall be applied in the execution of the Contract.

ARTICLE 2: DEFINITIONS

In the contract, the following words and expressions shall have the meaning hereby assigned to them accept where the context otherwise requires:

2.1 "Contract" means agreement signed between the Seller and the Buyer including: Proforma

invoice, instructions, drawings and other documents includes any arising additions, amendments, agreements and modifications made in writing and signed by both parties, which should be included herein.

2.2 "Equipment" means machines, equipments supplied by the Seller according to the Buyer’s requirements in this Contract.

2.3 "Goods" means all "equipment" and documentation of design, engineering and

instruction in erection, operation and maintenance.

2.4 "Instruction" means the technical instructions, descriptions and technical documents; technology process, standards for quality control, tables, designing, drawings, computer programs and other documents, which should be provided during the implementation of the contract.

2.5 "Related services" means the scope of work and services stipulated in this contract and carried out by the Seller as follows:

2.5.1 Designing works

2.5.2 Instruction in and supervision of erection, mechanical test and commissioning performance

test.

2.5.3 Training The Buyer’s workers and technicians to have full skills in operation and maintenance of supplied equipment.

2.6 "Inspection" means the inspection of the equipment before and after shipment carried out by the Buyer’s person(s).

2.7 "Month" and "Day" means Gregorian calendar month and day.

2.8 "Year" means 365 days

2.9 "Effective date of the Contract" means the date defined in the Article 20

ARTICLE 3: OBJECT OF THE CONTRACT AND THE SELLER’S SCOPE OF SUPPLY

3.1 Object of the Contract

The Seller commits to the Buyer complete the supply of machines, equipments and related services of 1 set of Diameter 3.2m two-stage cold coal gas station as stipulated in ANNEx 1 - Quotation for 3.2m two-stage cold coal gas station (which is considered as an integral part of this contract).

3.2 The Seller’s scope of supply

The Seller undertakes to supply equipments and related services for said plant.

Including:

- Machines, equipments and overall spareparts of 3.2m two stage cold coal gas station and materials for improving 02 kilns, 02 vertical driers and 01 sprayer as described ANNEx 1 and ANNEx 2 (which is considered as an integral part of this contract).

- The Design for the Project including designs for the plant foundation and equipments foundation, for workshop and for pipelines leading from gasification system to the Buyer’s 02 kilns, 02 vertical dryers and 01 sprayer.

- All services by the Seller’s specialists inside Vietnam for the project coordination and supervision, control commissioning, start-up and for the training of the Buyer’s personnel

ARTICLE 4: QUALITY

4.1 All the Goods shall be manufactured in Shandong - China, brand-new and not be manufacturing mistake and be at first-class quality. The goods is manufactured according to international standard (ISA) or equivalent standard applied in country of origin and suitable with Annexes of contract.

4.2 Basing on specification of each equipment, the Buyer has to pay attention to environment condition in Vietnam. All equipments must be suitable with tropical climate in Vietnam.

4.3 The goods have Certificate of Quality and Certificate of finished goods of manufacturer

4.4 All weilding points of gasifier body, pipelines, steam drum must be tested to check the leaking of gas before painting and packing. Testing results must be recorded by photos and enclosed with equipments.

4.5 Joining points of flange must be assembled by amiang gasket

4.6 Power instruments of control system must be Omron or Siemen. All control system must be supplied enough of signal cable, connection cable from electric cabinet to equipments.

4.7 Motors of pressure adding pumps, water pumps, air fans, hydraulic oil pump have IP index of ≥ 66

4.8 The materials used for the manufacture of the equipment and workmanship therefore as well as technical execution and assembly must be of the high quality.

All the main equipments, coal gas pipeline, pressure devices must be absolutely safe.

ARTICLE 5: CONTRACT VALUE AND PAYMENT TERMS

5.1 Total contract value: USD

Total contract value is:

The total contract value is fixed and not adjustable until completion of contract execution except for changes specified in Article 17 of this contract.

5.2 The prices as specified are understood to be DAF Huu Nghi Quan port, in accordance with INCOTERMS 2000 by ICC, and included following:

- Machines, equipments (including: packing, marking, and painting), listed in the

Annex 1, Annex 2 which is considered as an integral part of the contract

- 20 good technicians for installation and kiln modification, operation and technology transferring.

5.3 Payment terms:

5.3.1 Payment shall be in USD and shall be made in the following way:

5% of total contract value equal to USD is paid as down payment by T/T from the date of signing contract, then the contract come into effect.

75% of total contract value equal to USD is paid by T/T when the goods arrives Huu Nghi Quan border gate, before custom clearance.

15% of total contract value equal to USD is paid by T/T after signing Final Acceptance of Protocol

5% of total contract value equal to USDis paid by T/T after The Seller submits a Certificate of Guarantee valued 5% total contract amount with validity of 12 months from signing Protocol of Final Acceptance (during guarantee time).

5.3.2 Seller’s bank information as following:

Bank: Shenzhen Development Bank Co.,Ltd. Qingdao Branch

Beneficiary: QINGDAO CHINABRIDGE IMPORT & ExPORT CO., LTD.

Account No:

Swift:

5.3.3 Buyer’s bank information as follows:

Bank :

Beneficiary :

A/C :

Swift :

ARTICLE 6: CONDITIONS AND TIME OF DELIVERY

6.1 The machines and equipments of F3.2m two-stage cold coal Gas Station will be manufactured after receiving the down payment from the buyer, the period of manufacturing is 40 days. It is estimated to take 15 days for packing and transporting to Huu Nghi Quan border gate.

6.2 The Seller delivers the Goods on DAF Huu Nghi Quan border gate basis in accordance with the INCOTERMS 2000 published by ICC.

6.3 Partial shipment is allowed

Transshipment (if any) is allowed.

6.4 The date of the Cargos Receipt is considered as the delivery date of the goods.

6.5 Delivery notice:

6.5.1 After the goods leaves the Seller's factory, the Seller will inform the Buyer the trucks numbers and the time when the goods arrives Huu Nghi Quan.

6.5.2 After the arrival of the Goods at the Huu Nghi Quan -Vietnam, the Buyer has the right to check quantity and quality of all goods, the Seller can dispatch representative at site when inspecting.

ARTICLE 7: PACKING AND MARKING

7.1 The Goods shall be delivered in standard packing for export goods. All equipments and parts must be marked as follows and suitable with packing list:

- Name of goods

- Quantity of parts, equipments

- Specification

7.2 The goods (gasification equipments) easily damaged should be packed with oil paper wrapping and polyethylene materials as inner packaging, outer packing should be used packing box.

Big parts, super big parts and irregular form parts shall be packed suitable with the transportation by truck.

7.3 The volume and weight of the single packing box shall be suitable for loading and transporting by crane, auto cars, trucks, and manpower.

7.4 Before packing the appropriate antirust and protective measures for the goods are to be taken in order to protect them from damages or corrosion. according to the seller’s requirement.

7.5 The Seller shall deliver to the Buyer, together with the Goods, the instruction handbooks relevant to the purchased equipment and must specify the number of boxes in each container.

7.6 The marking must be clearly done in indelible paint, and not less than five (5) centimeters, unless restricted by the size conspicuously mark on the site of the package appropriate international marks according to difference characteristics and the requirement for transportation, loading and unloading of the Goods.

Marking shall be as follows:

CONTRACT

----------------------

HANOI CERAMIC TILES COMPANY

Contract No. Item No.

Consignee (Name and address):

Port or Place of loading (exit):

Place of destination: Huu Nghi Quan, Vietnam

Gross weight (kg) Net weight (kg)

Dimension: length (cm) Width (cm) Height (cm)

Position of Centre of gravity (+)

Package No. / Total number of packages

The above marking shall be on all documents forwarded to the Buyer

ARTICLE 8: TECHNICAL ASSISTANCE FOR ERECTION, MACHINE TEST AND COMMISSIONING PERFORMANCE TEST FOR ACCEPTANCE OF THE PLANT

8.1 The Seller has to send 20 good experienced technicians to the factory for installation, kilns modification, operation and technology transferring. Total time is 45 days.

8.1.1 Before coming to Vietnam for technical service, the Seller must send to the factory all technical documents which are 2 sets in English including all information and instructions related to the necessary tools and equipments for installation and operation according to article 11.4 stated below.

Operation process includes followings:

- Process of Unloading test operation

- Process of Loading test operation

- Process of Problem handling

- Process of Operation state change

- Process of Chemical test

- Process of Safety at operation

8.2.2 Before erection, packages shall be opened for checking with the presence of the factory and the Seller’s representatives. In case components mentioned in the packing lists are found missing or damaged, a report signed by the Factory’s and the Seller’s representatives shall be made, also giving detailed descriptions of the packages at the time of checking.

8.2.3 Before the erection work begins, the Seller’s technical personnel shall give detailed descriptions of the methods and requirements of the erection. During the erection, the technical personnel shall give technical instructions to the erection work and take part in the inspection and test of erection quality of all the equipment,Important technical instructions by the Seller’s technical personnel shall be submitted in written form.

8.2.4 After the accomplishment of erection, the representatives of both parties shall make inspection and sign the Certificate of Completing the installation.

8.3 Machine test and commissioning performance test (in 2-3 days)

8.3.1 After signing the Certificate of Completing the Installation, both parties shall carry out no load test. A certificate for the test run will be signed by the representatives of both parties which include:

+ Testing the movement of the single standard machine.

+ Testing all mechanical and electrical connections.

8.3.2 After the accomplishment of the test run, the machinery will be put into load test operation.

8.3.3 Before starting the commissioning, the Factory shall make available sufficient skilled personnel including the personnel for operation, maintenance, testing and local supply.

8.3.4 Within the following 7 days from the successful completion of the performance test, the

Factory and the Seller will sign the Protocol of Final Acceptance basing on the technical specifications mentioned in Annex 3.

ARTICLE 9: INSURANCE

The Seller shall buy insurance policy for the Goods inside China under the contract for

110% PCT (one hundred and ten percent) of the total invoice value, covering all risks.

ARTILCE 10: GUARANTEE

10.1 The Seller should design and manufacture the equipments according to technical drawings

and related standards of P. R. China.

The guarantee period for the plant shall be twelve (12) months after installation. During this period, the Seller undertakes to supply the new equipment or spare parts for repair and replacement of damaged parts and/or machines due to faults in designs and/or manufacturing at the Seller’s cost.

10.2 The Buyer must promptly inform the Seller in written form of any possible problems arising form this guarantees.

10.3 Within 10 days from receiving notice of the Buyer, the Seller should send experts to Buyer’s plant for maintenance and replacement due to design and manufacture errors. If over 10 days from receiving notice of the Buyer the Seller does not send experts or/and concerned materials for repairing, the Buyer can go ahead repairing by themselve. All concerned repair costs will be paid by the Seller without complaint.

10.4 The Seller has to send to the Factory a Certificate of Guarantee valued 5% total contract amount through the Buyer’s bank as soon as signing the Final protocol of Acceptance.

ARTICLE 11: OBLIGATIONS OF THE SELLER

The Seller undertakes to fulfill all his Contractual obligations as follows:

11.1 To supply all machines, equipment and related services for the plant in accordance with ANNEx 1 "Φ3.2m×1 two-stage cold coal gas station quotation list" in sufficient quantities, quality and types.

11.2 To establish a timing schedule immediately after effective date of contract as the agreement reached by both sides, which secures the contract. And this timing schedule will rule the performance of the contract.

11.3 To supply equipments according to the contract on the basis of DAF Huu Nghi Quan port in conformity with Article 6 of this contract. The Seller is also required to state clearly the followings:

● Origin and technical specifications of each equipment.

● Timing schedule of delivery

● Drawings, catalogues and necessary certificates

11.4 The Seller will have to provide the Buyer the following technical data and drawings each in 3 copies in order to allow the Buyer to prepare work for construction, assembling and commissioning of the equipment as follows:

● Drawings for the construction of foundation and workshop of the machinery, designs of the pipeline from the station to the Buyer’s 2 kilns ,02 vertical driers and 01 sprayer within 10 days from the date of signing contract.

● Technical data relating to the using of electrical power, water, compressed air within 10 days from the date of this contract coming into force.

● All instruction manuals of the machines supplied by the Seller within 10 days from the date of this contract coming into force.

ARTICLE 12: OBLIGATIONS OF THE BUYER

The Buyer undertakes to fulfil all his Contractual obligations as follows:

12.1 To provide the Seller with basis and necessary data and documents signed by the Buyer and related to the plant for the Seller’s designing and setting up the list of equipment and materials for the plant. The Buyer is to be responsible for the correctness of the documents.

12.2 To carry out all the import procedures and other necessary permits and approval by Vietnam government for signing and implementing the contract.

12.3 After receiving all goods, the Buyer should inform the Seller 15 days ahead of installation so that the Seller could transact visa and other necessary procedures.

12.4 To clear place for the erection site, arrange the necessary equipment, materials and manpower required for the work and make possible the beginning of the erection according to the timing schedule agreed by both parties. The Buyer must strictly comply with design documents provided by the Sellers in order to make sure quality of installation

To guard the erection site and goods that are delivered and materials for the Seller’s Expert (s) work. If any equipments and material were lost, the Buyer would take all responsibilities.

Some equipments easily damaged by humidity and force, easily fragile should be kept in room.

The Buyer should take measure to make sure personal safety at work of technicians at the seller side and their possessions.

To provide the labors force to fulfill the necessary requirements as to follow the timing schedule. If the labors force is not satisfactory to the Seller, the lost cost by delay of execution should be borne by the Buyer.

12.5 To assist the Seller’s experts to carry out necessary entry procedures such as entry visa, permit for working, etc. to come to Vietnam.

12.6 To assist the Seller’s experts, in case of their illness and accident, access to medical facilities, the Medical expenses should be borne by the Seller.

12.7 The Buyer will bear safety wears for the Seller’s technicians during they work in Vietnam.

12.8 To provide constant raw materials for operation of the plant.

12.9 To provide necessary storage facilities for storing process equipment and other erection materials during erection time.

For the technical assistance, the Buyer will bear :

+ Fees for transportation inside Vietnam for installation, operation and performance. The Buyer will pick up the Seller’s technicians at the airport (in case of travelling by air) or at Vietnam-China border (in case of travelling by road or by train)

+ Cost for accommodation : The Buyer will rent a house which is near the Buyer’s factory for technician. Breakfasts, lunches and dinners will be taken in the Buyer’s factory’s canteen.

+ Pocket money for technician is 10 USD per day for each person

ARTICLE 13: FORCE MAJEURE.

13.1 All occurrences and circumstances which happen after the Contract has come into force due to unforeseen and unavoidable facts of an extra ordinary character beyond the will and control of the Contracting parties hereto such as fire, natural calamity, war, strike etc... and with directly affect the fulfillment of the whole and/or part of the Contractual obligations are to be considered as cases of FORCE MAJEURE.

13.2 If the contact can not be put into effect due to FORCE MAJEURE, the contract shall automatically be extended with a new annex.

13.2.1 The party who can not carry out contract due to force majeure shall inform the other party thereof by fax immediately but not more than twenty (20) days after the commencement of such force majeure and termination thereof and confirm it within seven (07) days of the date of such fax by registered e-mail letter.

ARTICLE 14: TAxES AND DUTIES

When the Seller intends to bring all necessary instruments, materials and equipment into Vietnam for their performance, they must notify the Buyer of it and be accepted in advance by the Buyer in order that the Buyer can arrange the customs formalities for temporary importation.

All taxes and other duties due to performance of this contract incurred outside of Vietnam shall be at the Seller’s charge, any one incurred inside of Vietnam shall be at Buyer’s charge.

ARTICLE 15: CONFIDENTIAL TREATMENT AND SECRECY

The Seller retain the ownership of studies, drawings, models and any documents issued and communicated to the Buyer, or of which the Buyer may have had knowledge in fulfilment of the contract. Such information and documents may be used by the Buyer and exclusively for execution of the Contract.

These documents and information(including the content of the contract) shall be treated as confidential and shall not be distributed, published or generally communicated to any third parties without prior permission in writing by the Seller.

The Seller shall retain the exclusive ownership of the studies performed by the same, or by its representatives or subcontractors, for execution of the contract.

ARTICLE 16: CONCILIATION, ARBITRATION

16.1 Conciliation

If at any time during the validity of this contract any question, dispute or difference shall arise between the parties, either party shall, as soon as reasonably practicable give to other party notice in writing of the existence of such question, dispute or difference specifying its nature and point at issue. The parties shall settle such matter amicably first.

16.2 Arbitration

All the disputes arising from and/or by this contract shall be finally settled according to the rules of Conciliation and Arbitration of the International Chamber of Commerce. The place of the Arbitration shall be in Vietnam International Economic and Trade Arbitration Commission.

The arbitrators are authorized to judge impartially and their judgement shall be final conclusive and binding on the parties hereto.

The cost of arbitration shall be shared as determined by the Arbitrator(s).

ARTICLE 17: CHANGE AND AMENDMENT OF CONTRACT

17.1 Change of contract

The Buyer can send to the Seller notices of change for the contract as follows:

- Extending the supply of goods and services

- Design drawings and specification of goods according to the contract

- Transporting and package method

- Delivery time and services supply time

17.2 Amendment of contract

If the amendment of contract is the reason of increase or decrease of costs and time for the Seller to proceed any works according to contract, the contract value will be amended accordingly.

17.3 If any changes or amendments of contract articles is not agreed in writing and be signed of contractual parties, it will not be valid.

ARTICLE 18: CONTRACT DOCUMENTS

The following form documents indispensable parts of this Contract:

· The Contract

· Annexes

· Amendments or supplement in written form signed by the Seller and the Buyer.

ARTICLE 19: PERFORMANCE SECURITY

After signing contract, the Seller has to deliver a Performance Security issued by a famous bank of China with amount of 10% total contract value to the Purchaser to guarantee Seller’s performance of the contract to be signed.

ARTICLE 20: LIQUIDATED DAMAGES FOR CONTRACT VIOLATION

21.1 The Seller agrees to pay for the Buyer as follows:

21.1.1 Liquidated damages due to the delay of delivery and services

Any delay of the shipment due to the Seller’s fault, the following liquid damage will be applied:

· No liquidated damage will be applied for 2 weeks delay.

· 1% of total contract value for the delayed goods of every 2 weeks next.

· 0.5% of total contract amount per day due to the delay of delivery after the Buyer already pays 75% total contract value when the goods arrives Huu Nghi Quan.

21.1.2 The liquidated damages due to non – achievement of designed capacity.

- The two first weeks after the 30 days from the Performance Test if performance capacity is lower than the guaranteed capacity, the 0.25% contract value shall be paid by the Seller as liquidated damage.

- For the third week, if performance capacity is still lower than guaranteed capacity, the Seller shall be paid 0.5% contract value for every week.

Total amount of liquidated damages due to non-achievement of designed capacity shall not exceed 5% of total contract value.

21.2 The Buyer agrees to pay for the Seller the arising cost caused by the late payment of 75% total contract amount when the goods arrives Huu Nghi Quan.

ARTICLE 22: EFFECTIVENESS OF THE CONTRACT

The present Contract will be considered as the tie when it is signed by both the Buyer and the Seller. However, the contract will come into effect upon fulfilment of all the following conditions:

· The Buyer receives Performance security of 10% total contract value

· The Seller receives the deposit of 10% total contract value.

The contract is made in seven (08) original copies in English with same valid.

FOR AND ON BEHALF FOR AND ON BEHALF

OF THE BUYER OF THE SELLER

英文合同精选 篇三

contract no.:xxx

sales and purchase contractfor

manganese ore

this contract is made and entered into onxx, febxxunder terms and conditions as per the international chamber of commerce-600 (icc ucp-600/xx revision) by and between:

the buyer:

address:

tel:

the seller :

address:

tel:

whereby seller agrees to sell to buyer and buyer agrees to buy from seller manganese ore under following the terms and conditions stipulated below:

article 1 commodity

concentrated manganese ore

article 2 specifications

concentrated manganese ore

size: 0-5mm (90% min)

% mn min. 40.0%

% fe max. 15.0%

% silica ( sio2 ) max. 1.0%

% aluminum ( al ) max. 4.0%

% s max. 0.20%

% p max. 0.10%

moisture max. 7%

article 3 quantity:

500 mt, partial shipment not allowed.

article 4 origin and port of loading

4.1 republic of abc

4.2 loading port:

article 5 packing/delivery

5.1 in50 kg sack

5.2 incontainer shipment, more or less 20 tons.

article 6 shipment/delivery

6.1 500mt(+/-5%)partial shipment not allowed

6.2 shipment will be 90 days after signing of this contract and after the acceptance of the letter of credit by seller’s bank. l/c will be openedafter buyerreceivingproforma invoice from sellerwith confirmation of the delivery schedule.

6.3 the buyer has the right to appoint the independent surveyor or his representative to conduct the pre-shipment inspection and/or conduct the joint-inspection of the material with buyer for his own account.

article 7 contracted price and values

price:mn: 48% and above - usd0.00/%/dmtcfrcy port, china

40% - 47.9% - usd 0.00 /%/dmtcfrcy port, china

the mn content will be average of the joint-inspection testing result at loading port.

article 8 payment

8.1 payment shall be effected in full by an irrevocable letter of credit, which will be opened by 1stclass bank in hong kong or singapore, 100% at sight upon presentation of shipping documents.

a. seller’s banking details:

bank name :

bank address :

account name :

s.w.i.f.t. code swift :

b. buyer’s bank issues l/c to the seller's bank via s.w.i.f.t. wire transfer.

buyer’s banking details:

bank name : (will be advised)

bank address :

account name:

s.w.i.f.t. address swift :

article 10 inspection of ysis & weight

the shipmentinspection and ysis shall be done byccicappointed by the seller and one independent surveyor (i.e.: sgs or geo-chem, etc) appointed by the buyeras agreed by both parties at site before loading to container. while final weightand qualitydetermination shall be done atloadingportby the above joint-survey.moisture content shall be deducted from the total weight shipped.

article 11 documents

seller shall present the following documents to the buyer:

a. signed commercial invoice for 100% of the total cargo value indicating, quantity, unit price and the total amount of value of the delivered commodity , 1 original and 3 copies.

b. certificates of quantity, quality and weight issued byccicand one independent surveyor appointed by the buyer.

c. certificate of origin issued by abc department of trade or concerned government authorities, i original and 2 copies.

d. weight list, showing total weight , 1 original and 3 copies.

e. bill of lading, 3 original copies and 3 non-negotiable copies.

article 12 force majeure

the seller shall not be responsible for the delay of shipment or non-delivery of the goods due to force majeureunder ucp 600. the seller shall advise the buyer immediately of the occurrence mentioned above and within 3 days thereafter the seller shall send a notice by courier to the buyer of their acceptance of a certificate of the accident issued by the local chamber of commerce under whose jurisdiction the accident occurs as evidence thereof. under such circumstances the seller , however, are still under obligation to take all necessary measures to hasten the delivery of the goods. in case the accident lasts for more than 60 days the buyer shall have the right to cancel the contract.

article 13 arbitration

all disputes arising out of or in connection with this contract shall be finally resolved by arbitration in accordance with the rules of arbitration of the international chamber of commerce (ucp-600/xx or uniform customs and practice for documentary credits) by one or more arbitrators appointed in accordance with the said rules. the arbitration shall be conducted in abcbythe english language.

buyer seller

(authorized signature/seal) (authorized signature/seal)annex 1-------international chamber of commercepublished copy of theuniform customs and practice for documentary credits-600/xx. a copy of the publication is attached to the contract for sales and purchase of philippine manganese ore signed by and between_____________and _________________ dated ________________.

英文合同精选 篇四

General /总则

1 By accepting our order or by supplying the goods ordered, the Supplier is deemed to have accepted the present conditions.

供应商一旦接受我们的订单,或者供给我们所订购的货物,即确认接受了该通用采购条款.

2 Only orders in traceable form (in writing, by Telefax, E-Mail) are binding. Verbal orders or orders by phone as well as changes and additions to our order shall be binding only if confirmed by us in traceable form. Terms at variance with our General Purchase Conditions and additional terms, including reservations regarding price or exchange rates, as well as, in particular, deviating General Conditions of Sale and Delivery of the Supplier shall be valid only if accepted by us in traceable form.

仅有以可以追溯格式（书面形式,如传真、电子邮件）发放的采购订单才具有用力.以口头或电话形式对订单进行更改或增多只在我们书面确认以后生效.与本通用采购条款和附加条款有分歧的条款,以及那些与供应商<<通用销售和发货条款>>相冲突的其他条款特别包括价格或者汇率的约订,只在我们以书面形式确认后才生效.

3 The Supplier is kindly asked to immediately (within 2 working days) return his order confirmation and to notify the exact delivery date.

供应商需要在最短时间（两个工作日）内确认我们的订单,并通知确窃的交货日期.

4 The assignment of the order in whole to third parties shall require our prior consent in traceable form.

供应商如果要把订单整体外包给第三方,事先必须征得我的书面确认.

5 The Supplier shall be liable for all costs incurred by us as a consequence of his failure to observe our instructions or due to faulty or not validly agreed deliveries.

全部因为供应商失误而产生的费用都必须由供应商承担,这些失误包括供应商没有尊守我们的说明、发货不完整、或者没有按照协议发货等.

6 These General Purchase Conditions shall equally apply to future orders.

本通用采购条款同等适用于今后订单.

7 Our employees are forbidden to accept gifts, commissions or other compensations of whatever kind.

我们的职工禁止接受礼品、佣金或者其他任何形式的补偿.

Prices and Transport Costs / 价格和输送成本

8 Unless otherwise agreed, the prices are considered firm.

除非另有约订,该处拟定的价格确认有用.

9 In case of orders showing no price or an indicative price only we reserve the right to approve the price following the receipt of the order confirmation.

如果采购订单中没有标明价格,或者仅有指导性价格,我们保留按照所收到确实认单确定价格的权力.

10 Unless otherwise agreed, all expenses for packing, transport, customs, weighing, measuring as well as all other transport costs shall be for Supplier's account.

除非另有约订,供应商应承担全部含包装、输送、报关、计重、测量以及其他的输送费用.

Invoice and Payment / 发票和付款

11 Invoices are to be submitted immediately following dispatch of the goods to the address indicated in the order.

发货后,供应商需要把发票立即送到订单指定的地址.

12 The Supplier may not claim payments being contingent on the fulfilment of his obligations, prior to the fulfilment of such obligations, unless the non-performance shall be caused by our acts or omissions.

除非由于我们的行为或疏忽所至,否则供应商不应在履行其职责的过程中或开始履行其职责之前敦促付款.

Delivery / 发运

13 Deliveries arriving without the required transport documents shall be stored at Suppliers expense and risk until such documents are properly supplied.

对于没有提供有关输送单据的到货,在我收到全部必要单据之前所发生的全部费用和风险均由供应商承担.

14 Part shipments and advance deliveries require our prior consent.

分披发货或者提前发货必须征求我的事先同意.

15 Deliveries by messengers are only be deemed effected if evidenced by delivery notes properly countersigned by us. Deliveries are to be made to the respective departments of our works.

捅过物流的发货仅有当我在交货单上正式签名后才被认定有用,同时物流该将货物直接发给我有关部门.

16 The time of delivery shall be of essence. The time of delivery is met, when the goods have arrived at our works. Foreseeable delays hindering the timely delivery in whole or in part shall be notified immediately specifying the reasons for and the estimated duration of the delay. Such notice shall without prejudice to our remedies at law (e.g. partial or total termination or rescission of the order).

交货期非常重要,且交货期指货物到达我的时间.供应商一旦预见到只怕发生整体或部分延期交货的情况必须立即通知我们并阐明源因和延迟时间.该通知将不影响我方的法律补救措施（如部分或者整体中止或废除订单）.

17 In case of the delay, the Supplier shall not be excused by missing documents, hardware or components to be supplied by us unless he has timely requested their supply. In such case, the parties shall mutually agree on a reasonable extension of the delivery period.

供应商不能以需方没能提供所有文件、部件或零件为由延期交货,除珐应商曾及时向需方题出过要求;如供应商的确及时向需方题出上述要求,双方应共同商榷延迟交货的期限.

18 The risk in the goods ordered shall pass on us upon their arrival at the place of fulfilment, or, if an acceptance test is agreed, upon successful completion of said test.

所购货物的风险在货物到达指定交货地点后;如果双方有约订的验收俭验,俭验捅过后,风险才转移到我.

Packing / 包装

19 The Supplier shall be liable if the goods are damaged on transport due to faulty packing.

供应商必须对因包装不良产生的输送过程中的货物损毁负责.

20 At our election, the Supplier shall credit us with the price charged for packaging material returned by us free of charge or shall provide for a pertinent refund.

根剧我们的选择,供应商应该针对我退还的包装材料给予我相应的货款抵扣或退款.

Notification of Defects /缺陷通知

21 Without being bound by statutory inspection periods, we shall examine the goods supplied at our earliest convenience.

我们将根剧自己的安排尽快检测鉴定货物 /产品的质量,而不受法定的检测期陷制.

22 By making payments or conducting pre-shipment tests, we are not waiving our legal remedies for faulty deliveries.

我的付款或交货前验收等行为并不导致我放泣对供应商交货过程中的缺陷采取法律补救措施的权力.

Warranty / 质量保证

23 The Supplier warrants that the goods comply with the order, in particular that they are free from defects impairing their value or fitness for the intended use and that they comply with the warranted characteristics and performance criteria. The Supplier further warrants that the goods are fit for the intended purpose and that in their manufacture high quality materials have been used.

供应商保证货物符合订单要求,特别是无导致货物价值或使用功能受损的缺陷发生;供应商保证其产品符合使用标准和设计目的要求并保证其产品有高质量原材料加工制造.

24 The goods must comply with all applicable laws, regulations and accident prevention rules being in force in People’s Republic of China.

货物必须符合中国全部现行的法律、制度和事故预防规定.

25 In case of defects in the goods supplied we shall be entitled to avail ourselves of the pertinent remedies at law. However we General Purchase Conditions shall only be entitled to rescind the contract if the Supplier, within a reasonable period, has been unable or unwilling to repair the defect or to replace the defective product at his expense. In case of urgency or if the Supplier is defaulting in his obligation to remedy the defect, we are entitled to have the defects remedied at Supplier's cost.

如果供应商提供有缺陷产品,我们有权依剧法律作出相应的补救.无论采用何种方法,如果供应商在合理的期限内无法或无意免费对缺陷产品进行修复或更换,我们有权取消合同.在紧急情况下,如果供应商未能履行对缺陷产品的补救职责时,我们有权对缺陷产品进行补救,有关费用由供应商承担.

26 The Supplier shall reimburse the costs of diantling defective goods or products which have become defective as a result of defective goods supplied by Supplier as well as the costs of reinstalling goods or products being free from defects.

如果供应商提供的有缺陷产品导致采用（含有）该产品的产品出现质量问题,供应商应该承担更换、拆除故障产品以及重新安装无质量缺陷产品的所有费用.

27 Unless otherwise agreed, the warranty period shall be 26 months following the receipt of the goods in our works. To the extent the parties have agreed on subjecting the goods to a functional acceptance test in our works, the warranty period shall commence with the signing of the acceptance protocol.

除非另有约订,质量保证期为我方收到产品后 26个月以内.如果双方约订货物必须在我方工厂捅过性能测试后才可被接收,则质量保证期从我签署产品验收性能测试合格报告之日起计算.

28 The statute of limitations of claims for defects, which have been duly notified during the warranty period shall be 6 months from the date of notification.

对于全部发生在质保期内并且适时通知供应商的产品质量问题,索赔期限为自通知供应商之日起 6 个月之内有用

29 Defective goods or parts thereof shall remain at our disposal up to their replacement or cancellation of the contract. Following replacement the defective goods are placed at Supplier's disposal in our works.

在得到更换之前或采购合同被撤销之前,缺陷产品或部件由我负责处置;缺陷产品被更换后,即使是存放在我也应由供应商负责处置.

30 The warranty for replacement and repairs shall be the same as agreed for the original delivery; the warranty period for replaced parts and components shall start running anew. This shall equally apply to replaced parts and components.

被更换或被修复部件的质保期应该与原始供货一样,保质期的计算应该从更换或修复之日起计算.该原则适用于全部被更换或修复的零部件.

Product Liability / 产品责任

31 The Supplier shall indemnify us against any claims, damages, losses, liabilities, suits and expenses arising from the supply of defective goods or services.

供应商应该赔偿我任何因其提供的产品或服务缺陷而导致的索赔、财产损失、郎費、债务和费用等.

Tools, Patents, Drawings, etc / 工具,专利,图纸等

32 All data, drawings, equipment, patents, tools, models, etc. placed by us at Supplier's disposal for the manufacture of the our goods shall remain our property and may not be used for other purposes, copied or disclosed to third parties. Copyrights therein shall remain vested in us. All documents shall be returned, free of charge, as soon as they are no longer needed for the execution of the order. If no deliveries are agreed, the documents shall equally be returned to us.

我为使供应商生产我方产品而向供应商提供的全部数据、图纸、设备、专利、工具、模据等均属我财产,版权归我全部.供应商不得用于其它用处或复印、泄露给第三方.一旦供应商在执行合同过程中不再需要上述资料,必须立即免费归还给我.即使双方结果没能达成供货协议,全部资料也必须归还.

33 Products manufactured according todrawings, patents, confidential data, our tools or copies thereof, ( our) shall not be used by the Supplier for his own use nor may they be offered or delivered to third parties. This shall equally apply to printing orders.

全部按照我图纸、专利、保密工艺参数、工具及其副本质造的产品,供应商均不得自己使用,也不得销售或发运给第三方.以上原则一样适用于我方的订货文件.

Secrecy / 保密

34 The Supplier shall treat the order and all related deliveries as confidential.

供应商必须对我的全部订单和有关发货承担保密义务.

Industrial Property Rights / 工业产权

35 The Supplier warrants that the goods and services supplied do not infringe third party property rights. He will indemnify us from any third party claims related thereto.

供应商保证所提供的产和服务不寝犯第三方的知识产权并赔偿我因此而遭到的第三方索赔.

36 as trademark / brand, and our company name are strictly protected by relevant laws

作为商标/品牌和我名称受到有关法律严格的保护.

37 All rights to use and our company name, which includes but is not limited to mould, print, engrave them on the product, remain with Georg Fischer AG in Switzerland

设立于瑞士的 Georg Fischer AG拥有我名称的一切有关权利,包括但不限于捅过模压、印刷、雕刻等方法使用名称标示产品.

38 The suppliers are strictly forbidden to apply the trademark / brand and company name without prior written consent of GFPS Shanghai and in particular strictly prohibited directly to other customers than our GF companies

事先没有获得上海乔治费歇尔管路系统有限的书面授权,任何供应商都被严格禁止使用这些商标/品牌和我名称,特别是用来和Georg Fischer的各个以外的客户直接发生业务.

Place of Performance / 执行地

39 Place of performance for the goods and the services shall be the agreed place of destination. Place of performance for the payment shall be the registered office of the business unit having placed the order.

产品和服务的执行地应在双方同意的指定地点.付款执行地应为我下采购订单的业务所在地.

Jurisdiction and Applicable Law / 权限及使用法律

40 Exclusive place of venue for any differences shall be our office having issued the order. We shall however be entitled to bring actions in any other competent courts.

我下采购订单的业务所在地将是解决纠纷的管辖地.当然我有权在职何能胜任的解决纠纷.

41

In case of disputes all supplies shall be subject to substantive laws in force at buyer's place of business, deliveries from abroad in addition to the UN Convention on the International Sale of Goods of 11.4.1980.

任何相关发货的纠纷必须依剧采购方业务所在地的有用法律解决.对于来自国外的发货除尊照本通用采购条款外可参照 1980年4月11日版<<国际货物销售合同公约>>协定执行.

英文合同精选 篇五

Contract No.:xxx

Sales and Purchase ContractFOR

Manganese Ore

This contract is made and entered into onxx, Feb20xxunder terms and conditions as per the international chamber of commerce-600 (ICC UCP-600/20xx revision) by and between:

The Buyer:

Address:

Tel:

The Seller :

Address:

Tel:

Whereby seller agrees to sell to buyer and Buyer agrees to buy from seller Manganese Ore under following the terms and conditions stipulated below:

Article 1 Commodity

Concentrated manganese Ore

Article 2 Specifications

Concentrated Manganese Ore

Size: 0-5mm (90% min)

% Mn min. 40.0%

% Fe max.15.0%

% Silica ( SiO2 ) max.1.0%

% Aluminum ( Al ) max.4.0%

% S max.0.20%

% P max.0.10%

Moisture max.7%

Article 3 Quantity:

500 MT, partial shipment not allowed.

Article 4 Origin and Port of loading

4.1 Republic of ABC

4.2 Loading port:

Article 5 Packing/Delivery

5.1 In50 kg sack

5.2 Incontainer Shipment, more or less 20 tons.

Article 6 Shipment/Delivery

6.1 500MT(+/-5%)partial shipment not allowed

6.2 Shipment will be 90 days after signing of this contract and after the acceptance of the Letter of Credit by seller’s bank. L/C will be openedafter BuyerreceivingProforma Invoice from Sellerwith confirmation of the delivery schedule.

6.3 The Buyer has the right to appoint the independent surveyor or his representative to conduct the Pre-shipment Inspection and/or conduct the joint-inspection of the material with buyer for his own account.

Article 7 Contracted Price and Values

Price:Mn: 48% and above - USD0.00/%/DMTCFRCY Port, China

40% - 47.9% - USD 0.00 /%/DMTCFRCY Port, China

The Mn content will be average of the joint-inspection testing result at loading port.

Article 8 Payment

8.1 Payment shall be effected in full by an irrevocable Letter of Credit, which will be opened by 1stclass bank in Hong Kong or Singapore, 100% at sight upon presentation of shipping documents.

A. Seller’s Banking Details:

Bank Name :

Bank Address :

Account Name :

S.W.I.F.T. CODE SWIFT :

B. Buyer’s bank issues L/C to the Seller's bank via S.W.I.F.T. wire transfer.

Buyer’s Banking Details:

Bank Name : (will be advised)

Bank Address :

Account Name:

S.W.I.F.T. Address SWIFT :

Article 10 Inspection of Analysis & Weight

The shipmentinspection and ysis shall be done byCCICappointed by the Seller and one independent surveyor (i.e.: SGS or Geo-Chem, etc) appointed by the buyeras agreed by both parties at site before loading to container. While final weightand qualitydetermination shall be done atloadingportby the above joint-survey.Moisture content shall be deducted from the total weight shipped.

Article 11 Documents

Seller shall present the following documents to the buyer:

A. Signed Commercial Invoice for 100% of the total cargo value indicating, quantity, unit price and the total Amount of Value of the delivered commodity , 1 original and 3 copies.

B. Certificates of quantity, quality and weight issued byCCICand one independent surveyor appointed by the buyer.

C. Certificate of Origin issued by ABC Department Of Trade or concerned Government authorities, I original and 2 copies.

D. Weight List, showing total weight , 1 original and 3 copies.

E. Bill of Lading, 3 original copies and 3 non-negotiable copies.

Article 12 Force Majeure

The Seller shall not be responsible for the delay of shipment or non-delivery of the goods due to Force Majeureunder UCP 600. The seller shall advise the buyer immediately of the occurrence mentioned above and within 3 days thereafter the seller shall send a notice by courier to the buyer of their acceptance of a certificate of the accident issued by the local chamber of commerce under whose jurisdiction the accident occurs as evidence thereof. Under such circumstances the seller , however, are still under obligation to take all necessary measures to hasten the delivery of the goods. In case the accident lasts for more than 60 days the buyer shall have the right to cancel the Contract.

Article 13 Arbitration

All disputes arising out of or in connection with this Contract shall be finally resolved by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (UCP-600/20xx or Uniform Customs and Practice for Documentary Credits) by one or more arbitrators appointed in accordance with the said rules. The arbitration shall be conducted in ABCbythe English language.

Buyer Seller

(Authorized signature/seal) (Authorized signature/seal)

ANNEx 1-------International Chamber of Commercepublished copy of theUniform Customs and Practice for Documentary Credits-600/20xx. A copy of the publication is attached to the CONTRACT FOR SALES AND PURCHASE OF PHILIPPINE MANGANESE ORE signed by and between_____________and _________________ dated ________________.

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