1、 CONTRACTContract No.: Purchase Order No.:Sign date: 2015/00/00Place of contracts making: SHANGHAI 3 / 3SellersBuyersAddressAddressEmailEmailTelTelFaxFaxContact PersonContact PersonThis contract is made by and between the Buyers and the Sellers; whereby the Buyers agree to buy and the Sellers agree
2、to sell the under-mentioned goods subject to the terms and conditions as stipulated hereinafter:双方同意按下列条款由买方购进卖方售出下列商品: Specifications: 印刷书籍参数:Project:Book Type:Size: Pages: Cover: Text: Binding: Packing: export cartonsDelivery:CommodityQuantityUnit PriceTotal ValueTotalFiles: Supplied by buyerPrice
3、 Term: Port of Loading: Port of Destination: Payment Terms: Paid by T/T: 30% payment when contract is signed, 70% payment within two days after checked 1 copy of F&G which will be sent via our express before shipping the bulk付款方式(电汇):合同签署之日支付总款项30%预付款,收到一本大货样之日起2天内支付70%尾款。Seller and Buyer Duty:1. Bu
4、yer must provide the correctly and clearly artwork for printing. 买方须提供正确清晰的印刷文件稿。2. Seller should supply good quality products to buyer. 卖方须提供质量完好的产品给买方。3. Any quality problems should be raised within seven days since buyer receives F&G goods and buyer should provide sufficient & actual evidence to
5、the seller. Otherwise, the products are deemed as no quality problem and meet the seller and buyers promise. 如有质量问题,买方必须在收到大货之日起7个工作日内提出,并提供充分且真实的证据,否则视为卖方所供的产品无质量问题且符合买卖双方的产品约定。 4. More or less than 1% of the promised total quantity is normal and should be accepted. 装运数量允许有1%的增减。5. If the product i
6、s of copyright, buyer should provide Copyright Declaration or Authorization Letter. All responsibility will be borne by the buyer if the infringement happens. 如果所印刷的产品牵涉版权问题,买方须提供版权声明或授权,如产生侵权,则一切责任由买方承担。6. If buyer need to change artwork after confirmed the file or reprint sample, buyer should unco
7、nditionally agree delay shipment (or negotiated by two parties). All the expenses caused by changing files are for buyers account. 印刷文件稿确认后,如买方需要修改已确定印刷的文件稿内容,或重复再制作样品,需征得卖方的确认后才可以操作,由此所产生的所有费用由买方承担,买方应无条件同意延长交期(或由双方另外协商确定)。由此产生增加的货款须由买方同时支付给卖方。 7. Buyer and Seller should keep cooperate friendly and
8、 actively and take measures to ensure quality and quantity, in order to shipping on time.买卖双方在友好合作关系下履行合同,卖方保质、保量按期完成交货。 8. For overdue payment, Buyer shall pay the liquidated damages for overdue payment which is 5 of each overdue payment every day. 买方逾期付款的,则买方须按未付款项总额的日5向卖方支付违约金。9. Both Parties sha
9、ll strictly obey this Contract and shall not breach this Contract. Neither party shall cancel the contract without sufficient cause or reason. In case one party tears up the contract, the other party has the right to require the defaulting party to undertake corresponding loss. 签约后,双方应严格遵守此合同,任何一方不得
10、无故解除合同。任何一方违约,非违约方有权要求违约方承担相应的违约责任。10. Anything that cannot be foreseen at present should be added as supplements to these agreements through mutual negotiation by the two parties concerned. 其他未尽事宜,双方可进行协商解决或订立补充条款。Schedule交期内容:1. After signing contract, buyer shall send correct files to seller and
11、pay advance payment. 合同签署后,买方应将正确的文件发给卖方并支付预付款。2. Making proofs (24 working days normally), and sending to you for checking by our express (35 working days normally). Buyer should verify confirm to seller within three days since proof has been received. (Address confirmation: Mailing address written
12、 on your contract by the buyer shall prevail. If there are changes, the buyer shall inform seller in writing.) 一般于24个工作日内制作样品,于35个工作日内通过快递寄送于买方确认。(买方确认:邮寄地址为买方书写在本合同上的地址,若有变更,买方应当书面告知。)买方应当在收件后的3个工作日之内确认回传给卖方。3. Mass production after seller receiving the advance payment and buyer confirming proof (P
13、rinting time: 1525 working days normally).Then one advanced copy will be sent to buyer for checking before shipping the bulk. (Address Confirmation: the same as stated above.) Buyer should verify confirm to seller within three days since advanced proof has been received. Seller has the right to exte
14、nd delivery time for intentional delay. 卖方收到预付款,且买方确认样品后开始生产大货(通常是15-25 个工作日内完成),大货生产完毕后卖方寄送一本大货样给买方确认。(邮寄地址同上)买方应当在收件后3 个工作日内予以确认回传给卖方,若故意拖延,卖方有权利延长交货期。 4. Arrange shipping after buyers confirmation of the F & G copy and the permission of shippment. 买方确认大货样且同意出货后,卖方安排大货运输。Force Majeure:Either party
15、 shall not be held responsible for failure or delay to perform all or any part of this agreement due to flood, fire, earthquake, fraught, war of any other events which could not be predicted, controlled, avoided or overcome by the relative party. However, the party who affected by the event of Force
16、 Majeure should inform the other party of its occurrence by air mail as soon as possible and thereafter send a certificate of the event issued by the relevant authorities to the other party within 15 days after its occurrence.不可抗力因素: 由于水灾、火灾、地震、干旱、战争或协议一方无法预见、控制、避免和克服的其他事件导致不能或暂时不能全部或部分履行本合同,该方不负责任。
17、但是,受不可抗力事件影响的一方须尽快将发生的事件通知另一方,并在不可抗力事件发生15天内将有关机构出具的不可抗力事件的证明寄交对方。Arbitration: All disputes arising from the execution of this agreement shall be settled through friendly consultations. In case no settlement can be reached, the case in dispute shall then be submitted to the Shanghai Branch of China
18、International Economic and Trade Arbitration Commission for arbitration in accordance with its Provisional Rules of Procedure. The decision made by this commission shall be regarded as final and binding upon both parties. Arbitration fees shall be borne by the losing party.在履行协议过程中,如产生争议,双方应友好协商解决。若
19、友好协商未能达成协议,则提交中国国际经济贸易仲裁委员会上海分会进行仲裁。该委员会的裁决是终局的,对双方均有约束力。仲裁费用,由败诉一方负担。Remark: Contract is in duplicate, each party has one copy, valid after signature each other. This contract is made out in both Chinese and English of which version is equally effective .Conflicts between these two languages arisin
20、g therefrom. If any, shall be subject to Chinese version. 本合同一式两份,双方各执一份,自签字确认起生效。本合同分为中英两种文本,两种文本具有相同的法律效力;如果两种文本产生冲突,则以中文文本为准。 Anything which is not clear in this contract, buyer and seller can make supplementary agreement or confirm by email, etc. 合同中有不完善之处,可以通过E-mail、补充协议等进行补充The sale contract shall become effective upon the signature and seal of both Parties. There are two copies of this contract with each party holding one and both have the same legal effect. 此合同自双方签字或盖章后生效。双方各执一份,具有同等的法律效力。SellerBuyerSignature Signature .
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