国际贸易合同——英文.ppt

,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,CONTRACT,98B-95AG072THR/TH4,THIS CONTRACT IS MADE ON AUGUST 6TH,1998 IN BEIJING BETWEEN CHINA NATIONAL CEREALS,，,OILS AND FOODSTUFFS IMPORT AND EXPORT CORPORATION,BEIJING,（,HEREINAFTER CALLED THE BUYERS,）,AND THAI HUA,（,2511,）,CO.,LTD.,（,HEREINAFTER CALLED THE SELLERS,）,WHEREBY IT IS AGREED THAT THE SELLERS UNDERTAKE TO SELL AND THE BUYERS UNDERTAKE TO BUY THE UNDER NOTED COMMODITY ON THE TERMS AND CONDITIONS STIPULATED BELOW:,正文,COMMODITY(1006.3000),QUALITY,QUANTITY,PRICE,PACKING,INSURANCE,PAYMENT,SHIPMENT,SURVEY,CLAIM,ARBITRATION,FORCE,MAJEURE,DEFAULT,REMARKS,COMMODITY(1006.3000),THAI WHITE FRAGRANT RICE OF“GOLDEN LION GLOBE”BRAND,PURITY OF FRAGRANT RICE:80%MIN,1997/1998 NEW CROP.,QUALITY,A,）,SPECIFICATIONS FOR THAI WHITE FRAGRANT RICE OF,（“,GOLDEN LION GLOBE”BRAND/HONG KONG STANDARD,）,ARE THE SAME AS THAI WHITE RICE 100%CLASS B.,B,）,THE RICE SUPPLIED BY THE SELLERS SHALL BE COMPOSED OF PURE THAI FRAGRANT RICE NOT LESS THAN 80 PERCENT.,C,）,THE RICE SUPPLIED BY THE SELLERS SHALL BE IN GOOD CONDITION,FIT FOR HUMAN CONSUMPTION,WITHOUT ANY UNPLEASANT ODOUR,FREE FROM ANY SIGNS OF MOULD FERMENTATION OR DETERIORATION AS WELL AS FREE FROM LIVE INSECT PESTS.,D,）,THE QUALITY OF THE RICE SHALL NOT BE INFERIOR IN GRAIN,COLOR ANDMILLING TO THE LATEST EXPORT STANDARD ESTABLISHED BY THE MINISTRY OF COMMERCE OF THE GOVERNMENT OF THAILAND RICE WHICH DOES NOT CONFORM WITH THE LATEST STANDARD OF THE GOVERNMENT OF THAILAND SHALL BE REJECTED OR REPLACED.,E,）,THE RICE SUPPLIED BY THE SELLERS SHALL BE FREE FROM THE FOLLOWING DISEASES,PESTS AND WEEDS DANGEROUS TO PLANTS IN ACCORDANCE WITH THE REGULATIONS OF THE MINISTRY OF AGRICULTURE OF THE PEOPLES REPUBLIC OF CHINA:,1),PROST PHANUS TRUNCATUS(HORN);,2)TROGODERMA GRANARIUM EVERTS;,3)SITOPHILUS GRANARIUS(LINNAEUS).,F)THE CHEMICAL RESIDUES OF THE RICE SUPPLIED BY THE SELLERS SHALL NOT EXCEED THE REGULATIONS STIPULATED BY THE MINISTRY OF PUBLIC HEALTH OF THE PEOPLES REPUBLIC OF CHINA.,1)ARSENIC COMPOUND SHALL BE A MAXIMUM OF 1 PPM(1 PART PER MILLION CALCULATED ACCORDING TO THE AS203 CONTENT).,2)MERCURIC COMPOUND SHALL NOT BE FOUND.,3)PHOSPHIDES SHALL BE A MAXIMUM OF 0.05 PPM(5 PARTS PER MILLION CALCULATED ACCORDING TO THE PH3 CONTENT).,4)CYANIDES SHALL BE A MAXIMUM OF 5 PPM(5 PARTS PER MILLION CALCULATED ACCORDING TO HCN CONTENT).,5)MALATHION SHALL BE A MAXIMUM OF 3 PPM(3 PARTS PER MILLION).,QUANTITY,FOR 25KGSPACKING:1,000,00MTS;,FOR 10KGSPACKING:400,00MTS;,FOR 5KGSPACKING:100,00MTS;,TOTAL:1,500.00(ONE THOUSAND AND FIVE HUNDRED)METRIC TONS OF 1,OOO KILOS EACH NET WEIGHT.,PRICE,FOR 25KGSPACKING:USD515.00/MT,FOR 10KGSPACKING:USD530.00/MT,FOR 5KGSPACKING:USD545.00/MT,ALL ABOVE PRICES ARE ON THE BASIS OF FOB ST ONE OR TWO SAFE BERTH ONE SAFE PORT OF BANGKOK INCLUDING KOHSICHANG,THAILAND.,PACKING,TO BE PACKED IN THE LAMINATED P.P.WOVEN BAGS WITH THIN INNER PLASTIC LINING CONTAINING NET WEIGHT EACH MARKED WITH BRAND.FOR 5KG AND 10KG PACKING,EVERY 10 AND 5 BAGS TO BE PACKED IN JUMBO P.P.WOVEN BAG OF 50KGS.OTHER SHIPPING MARKS AS PER OUR IMPORT REGULATIONS FOR FRAGRANT RICE.,INSURANCE,TO BE COVERED BY THE BUYERS.,PAYMENT,TO BE EFFECTED BY IRREVOCABLE L/C AT SIGHT PAYABLE AGAINST FULL SET OF FOLLOWING SHIPPING DOCUMENTS FOUND IN GOOD ORDER:,A)ORIGINAL COMMERCIAL INVOICE IN QUINTUPLICATE.,B)FULL SET OF ORIGINAL CLEAN ON BOARD OCEAN SHIPPING BILL OF LADING MADE OUT TO ORDER AND BLANK ENDORSED,MARKED“FREIGHT AS ARRANGED”AND“CLEAN ON BOARD”AND NOTIFYING,CHINA NATIONAL CEREALS,OILS AND FOODSTUFFS IMP.&EXP.CORP.,.,C)CERTIFICATE OF WEIGHT AND QUALITY IN QUINTUPLICATE ISSUED BY C.C.I.C.(THAILAND)CO.,LTD.CERTIFYING THE ACTUAL PERCENTAGE OF THE ELEMENTS OF THE SHIPPED RICE ARE IN CONFORMITY WITH THE STANDARD OF THAI WHITE RICE 100%CLASS B ESTABLISHED BY THE MINISTRY OF COMMERCE OF THE GOVERNMENT OF THAILAND AND THE PURITY MENTIONED IN CLAUSE 2 ITEM B).,D)CERTIFICATE OF PACKING IN QUINTUPLICATE ISSUED BY C.C.I.C.(THAILAND)CO.,LTD.CERTIFYING THAT THE P.P.BAGS USED ARE CLEAN,ODORLESS AND NOT IN ANY WAY RENDER THE GRAIN HARMFUL FOR HUMAN EDIBLE PURPOSE.,E)PHYTOSANITARY CERTIFICATE IN QUINTUPLICATE ISSUED BY THE MINISTRY OF AGRICULTURE AND COOPERATIVES OF THAILAND OR THE ORGANIZATION APPOINTED OR AUTHORIZED BY THE SAID MINISTRY,CERTIFYING THAT THE RICE IS FREE FROM INJURIOUS DISEASES AND LIVE INSECT PESTS AND THE CONSIGNMENT IS FOUND TO CONFORM TO THE CURRENT PHYTOSANITARY REGULATIONS OF THE IMPORTING COUNTRY MENTIONED IN CLAUSE 2 ITEM E)OF THIS CONTRACT.,F)CERTIFICATE IN QUINTUPLICATE OF PESTICIDE RESIDUES ISSUED BY THE MINISTRY OF AGRICULTURE AND COOPERATIVES OF THAILAND OR THE ORGANIZATION APPOINTED OR AUTHORIZED BY THE SAID MINISTRY OR C.C.I.C.(THAILAND)CERTIFYING THAT THE CHEMICAL RESIDUES AT LOADING PORT SHALL BE IN CONFORMITY WITH THE LIMITATION IN F)OF THIS CONTRACT.,G)CERTIFICATE OF FUMIGATION ISSUED BY C.C.I.C.(THAILAND)CO.,LTD.IN QUINTUPLICATE.,H)HEALTH CERTIFICATE OF SHIPS HOLDS IN QUINTUPLICATE ISSUED BY C.C.I.C.(THAILAND)CO.,LTD.AND/OR PORT AUTHORITIES CERTIFYING THAT THE HOLDS ARE SUITABLE TO RECEIVE AND CARRY THE RICE.,I)CERTIFICATE OF CROP YEAR AND ORIGIN IN QUINTUPLICATE ISSUED BY C.C.I.C.(THAILAND)CO.,LTD.,ALL SHIPPING DOCUMENTS SHALL BE WRITTEN IN ENGLISH.,ALL BANKING CHARGES OUTSIDE CHINA SHOULD BE FOR ACCOUNT OF THE SELLERS.,SHIPMENT,A)SHIPMENT SHALL BE EFFECTED BEFORE AUGUST 20TH,1998.,B)THE BUYERS SHALL GIVE THE SELLERS MINIMUM 5(FIVE)DAYS PRE-ADVICE OF CARRYING VESSEL NAME AND ETA AT LOADING PORT.,C),LOADING AT THE RATE OF 1,000 METRIC TONS PER WEATHER WORKING DAY OF 24CONSECUTIVE HOURS BASED ON FOUR WORKABLE DERRICKS,SUNDAYS AND HOLIDAYS EXCEPTED EVEN IF USED.TIME LOST IN WAITING FOR BERTH AND LOADING TO BE COUNTED AS LAYTIME.SHOULD THE SELLERS FAIL TO LOAD THE GOODS AT THE AFORESAID RATE,THE SELLERS SHALL PAY DEMURRAGE ACCORDING TO THE CHARTER PARTY NOT EXCEEDING U.S.DOLLAR 3,000 PER DAY OR PRO-RATAS FOR ANY PART OF A DAY.IF THE LOADING IS OVER THE AFORESAID RATE,THE BUYERS SHALL PAY THE SELLERS THE DISPATCH MONEY AT ONE HALF THE RATE OF THE DEMURRAGE PER DAY OR PRO-RATA FOR ANY PART OF A DAY ON ALL LAY TIME SAVED.,D)THE SELLERS UNDERTAKE TO ACCEPT THE CAPTAINS NOTICE OF READINESS(NOR)WHEN VESSEL IS READY IN ALL RESPECTS TO LOAD AND TIME FOR LOADING SHALL COMMENCE TO COUNT 12(TWELVE)HOURS AFTER WRITTEN NOTICE HAS BEEN GIVEN BY THE MASTER OR AGENTS ON ANY DAY,SUNDAYS AND HOLIDAYS EXCEPTED.,E)THE SELLERS WILL ADVISE THE BUYERS IN TIME BY TELEX OF THE TIME OF ARRIVAL OF THE VESSEL AT LOADING PORT,COMMENCEMENT AND COMPLETION OF LOADING AND DEPARTURE OF THE VESSEL AS WELL AS THE QUANTITY ACTUALLY SHIPPED.,F)THE SELLERS SHALL PROVIDE THE BUYERS WITH FAX COPIES OF FULL SET OF SHIPPING DOCUMENTS IMMEDIATELY AFTER THE SELLERS HAVE OBTAINED THEM.,G)THE SELLERS WILL DO THEIR UTMOST TO RENDER EVERY FACILITY AND COOPERATION FOR LOADING.DUNNAGE,IF ANY,IS FOR ACCOUNT OF THE PARTY ORDERING IT.,SURVEY,THE SUPERVISION AND SURVEY OF THE RICE AT MILLS,STORES AND ON BOARD OCEAN VESSEL ON THE QUALITY,WEIGHT AND CONDITION OF POLYPROPYLENE WOVEN BAGS ARE TO BE DONE BY C.C.I.C.(THAILAND)CO.,LTD.,A)IF RICE INTENDED TO BE LOADED IS FOUND BY THE SURVEYORS INFESTED,WATER DAMAGED,ILL ODOURED AND HEATED,IT SHALL NOT BE SHIPPED AND CONSEQUENCES HEREOF,INCLUDING ALL LOSSES DUE TO DEMURRAGE OR DEAD FREIGHT,SHALL BE FOR THE SELLERS ACCOUNT.,B)THE SELLERS SHALL SEW ALL BAGS DAMAGED DURING LOADING WITH JUTE TWINE AND REPLACE ALL BADLY DAMAGED BAGS.,C)THE SELLERS SHALL NOMINATE REPRESENTATIVES TO SUPERVISE LIGHTERS AND/OR CARGO BOATS UNTIL GOODS HAVE BEEN FULLY DISCHARGED INTO OCEAN VESSEL.,D)C.C.I.C.(THAILAND)CO.,LTD.SHALL ISSUE COMPLETE REPORTS ON QUALITY AND QUANTITY OF THE RICE DELIVERED ON COMPLETION OF THE LOADING.THE SELLERS SHALL BE FURNISHED WITH 2 COPIES OF SUCH REPORTS.,E)C.C.I.C.(THAILAND)CO.,LTD.SHALL CONDUCT THE FUMIGATION AT SELLERS ACCOUNT.THE FUMIGATION TIME SHALL BE DECIDED BY C.C.I.C.(THAILAND)CO.,LTD.ACCORDING TO THE WEATHER AND RICE CONDITION.AFTER THE FUMIGATION C.C.I.C.(THAILAND)CO.,LTD.SHALL ISSUE CORRESPONDING FUMIGATION CERTIFICATE.,F)THE SURVEY FEES ARE TO BE BORNE BY THE SELLERS.,CLAIM,AFTER THE ARRIVAL OF THE CARGO AT DESTINATION,THE BUYERS HAVE THE RIGHT TO RE-INSPECT THE CARGO.IF ANY MAJOR DEVIATION FROM LOADING SPECIFICATION OF QUALITY AND/OR WEIGHT OF THE CARGO OCCURS AT DISCHARGE,THE BUYERS SHALL HAVE THE RIGHT TO CLAIM AGAINST THE SELLERS FOR COMPENSATION OR REPLACEMENT WITHIN 30 DAYS AFTER THE,COMPLETION OF DISCHARGE AGAINST THE INSPECTION CERTIFICATE(S)ISSUED BY THE IMPORT&EXPORT COMMODITY INSPECTION BUREAU AT DESTINATION.,ARBITRATION,ALL DISPUTES,IF ANY,IN CONNECTION WITH THIS CONTRACT OR THE EXECUTION THEREOF,SHALL BE SETTLED AMICABLY BY NEGOTIATIONS.IF NO SETTLEMENT COULD BE MADE AFTER MUTUAL NEGOTIATION,IT SHALL BE SUBMITTED TO THE ARBITRATION COMMITTEE FOR ARBITRATION.THIS COMMITTEE SHALL BE FORMED BY TWO ARBITRATORS,ONE BEING OF CHINESE NATIONALITY APPOINTED BY THE BUYERS,THE OTHER BEING THAI NATIONALITY APPOINTED BY THE SELLERS AND AN UMPIRE AGREED AND NOMINATED BY BOTH PARTIES.THE PLACE OF ARBITRATION SHALL BE FIXED BY MUTUAL NEGOTIATIONS.THE ARBITRATION FEES WILL BE BORNE BY THE LOSING PARTY UNLESS OTHERWISE AWARDED BY THE ARBITRATION COMMITTEE.,FORCE,MAJEURE,THE BUYERS OR THE SELLERS SHALL NOT BE HELD LIABLE IN CASE OF FORCE MAJEURE BEYOND THEIR CONTROL FOR FAILURE IN IMPLEMENTING THIS CONTRACT DURING THE COURSE OF EXECUTION OF THE CONTRACT,BUT THE BUYERS OR THE SELLERS SHALL HAVE TO FURNISH A CERTIFICATE ISSUED BY LOCAL GOVERNMENT AUTHORITIES OR CHAMBER OF COMMERCE OR PUBLIC SURVEYOR.,DEFAULT,IN THE EVENT OF DEFAULT OF CONTRACT BY THE SELLERS,THE SELLERS SHALL COMPENSATE 20 PERCENT OF THE TOTAL CONTRACT VALUE TO THE BUYERS FOR THEIR MARKET LOSSES UPON RECEIVING THE WRITTEN CLAIM FROM THE BUYERS.,REMARKS,THE RICE IS ALLOWED TO BE RE-EXPORTED TO ANY DESTINATIONS BY THE BUYERS.,THE BUYERS,THE SELLERS,CHINA NATIONAL THAI HUA(2511)CO.LTD.,CEREALS,OILS AND,FOODSTUFFS,IMPORT AND EXPORT,CORPORATION,BEIJING,7-13TH FLOORS,20TH-21ST FLOOR,TOWER A,COFCO PLAZA,139PAN ROAD,SILOM,NO.8 JIAN GUO MEN NEI DA JIE,BANGKOK 10500,BEIJING 100005,CHINA THAILAND,