外贸合同样本

CONTRACT
NO.:
DATE:
THE BUYERS:
ADDRESS :
TEL: FAX:
买家：
详细地址：

THE SELLERS:
ADDRESS:
TEL: FAX:

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 under mentioned commodity according to the terms and conditions stipulated below:
买家与卖家就下列条文达成共识：

1. COMMODITY:

Item No.	Description 名字及规格型号	Unit 企业	Qty 总数	Unit Price 价格	Amount 总价格
					CIP XI’AN Airport
	TOTAL VALUE CIP XI’AN Airport USD Say U.S. Dollars only.

2. COUNTRY AND MANUFACTURERS:
原产地国及造商：
3. PACKING:制
To be packed in standard airway packing. The Sellers shall be liable for any damage of the commodity and expenses incurred on account of improper packing and for any rust attributable to inadequate or improper protective measures taken by the sellers in regard to the packing.
外包装：规范国际空运外包装。假如因为不恰当的外包装而致使的货品毁坏和因此造成的花费，卖家应对于此事负彻底的义务。
4. SHIPPING MARK:
The Sellers shall mark on each package with fadeless paint the package number, gross weight, net weight, measurement and the wordings: "KEEP AWAY FROM MOISTURE" "HANDLE WITH CARE" "THIS SIDE UP" etc. and the shipping mark:
唛头：卖家运用不掉色的颜色在每一个小箱子外界
刷过箱号、净重、净重量、规格，并标明“防水”、
“轻放”、“此面向上”等，唛头为:
5. TIME OF SHIPMENT（运输期）：within days after receipt of L/C
6. PORT OF SHIPMENT（装运港）：
7. PORT OF DESTINATION（空运提单）： , CHINA
8. INSURANCE（商业保险）：To be covered by sellers for 110% invoice value against All Risks.
9. PAYMENT（支付方式）The buyer open an irrevocable 100% L/C at sight in favor of seller
信用证付款：买家给卖家给出100%不可撤消即期信用证。
金融机构材料：

10. DOCUMENTS:
1. Full set of Air waybill in original showing “Freight Prepaid” and consigned to applicant. 空运提单一套
2. Invoice in three copies. 税票一式叁份
3. Packing list in three copies issued by the Sellers. 依据一式叁份
4. Certificate of Quality issued by the Sellers. 生产厂家出示的品质证明书
5. Insurance Policy. 保单一份
6. Certificate of origin issued by the Sellers. 原产地证明
7. Manufacturer’s certified copy of fax dispatched to the applicant within 24 hours after shipment advising
flight No., B/L No., shipment date, quantity, Gross weight, Net weight, and value of shipment.
生产厂家通知开证申请者相关货品运输的详细信息发传真影印件壹份
8. The seller’s Certificate and waybill certifying that extra documents have been dispatched according
to the contract terms by express airmail.
卖家相关此外用直快邮递壹套票据给开证申请者的证明书及邮递汇款凭证.
9. Certificate of No Wooden Packing or Certificate of Fumigation.非木包装申明或熏蒸证.
In addition, the Sellers shall, within three days after shipment, send by express airmail one extra sets of
the aforesaid documents directly to the Buyers.
此外，卖家应于货品装运后三天内，用加急快递邮寄一套以上的票据给买家。
11. SHIPMENT:
The Sellers shall ship the goods within the shipment time from the port of shipment to the destination. Transshipment is allowed. Partial shipment is not allowed.
运送：卖家应于供货周期内将合同书货品从装车港运往空运提单，不能分次，容许装运。
12. SHIPPING ADVICE:
The sellers shall, immediately upon the completion of the loading of the goods, advise by fax the buyers of the Contract No., commodity, quantity, invoiced value, gross weight, name of vessel and date of delivery etc. In case due to the sellers not having faxed in time, all losses caused shall be borne by the sellers.
运输通知：卖家应于装车后，马上用传真机将相关合同书号、货品、总数、税票使用价值、净重、运载工具名字、交货日期、货品预估到达日等材料通知买家。假如因为卖家无法通知买家而产生的任何损害均由卖家担负。
13. GUARANTEE OF QUALITY:
The Sellers guarantee that the Commodity hereof is made of the best materials with first class workmanship, brand new and unused, and complies in all respects with the quality and specification stipulated in this Contract. The guarantee period shall be 12 months counting from the date of signing the Acceptance Report of this machine at the end-user's site.
品质保证：卖家担保合同货品选用最佳的原材料、高超的质量、全新升级、未采用过、品质和技术性规格型号均合乎合同书的规定。保修期为终端用户签署验收报告后12个月内。
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14. CLAIMS:
Within 90 days after the arrival of the goods at destination, should the quality, specification, or quantity be found in unconformity with the stipulations of the Contract except those claims for which the insurance company or not the owners of the vessel are liable, the Buyers shall, on the strength of the Inspection Certificate issued by the State Administration for Entry-Exit Inspection and Quarantine of P.R.C. or the site inspection report issued by the seller’s engineer, have the right to claim for replacement with new goods, or for compensation, and all expenses (such as inspection charges, freight for returning the goods and for sending the replacement, insurance premium, storage and loading and unloading charges etc.) shall be borne by the Sellers. As regards quality, the Sellers shall guarantee that if within 12 months from the date of signing the acceptance report of this machine, damages occur in the course of operation by reason of inferior quality, bad workmanship or the use of inferior materials, the Buyers shall immediately notify the Sellers in writing and put forward a claim supported by Inspection Certificate issued by the State Administration for Entry-Exit Inspection and Quarantine of P.R.C. .The Certificate so issued shall be accepted as the base of a claim. The Sellers, in accordance with the Buyers' claim shall be responsible for the immediate elimination of the defect(s), complete or partial replacement of the commodity or shall devaluate the commodity according to the state of defect(s), . If the Sellers fail to answer the Buyers within one month after receipt of the aforesaid claim, the claim shall be reckoned as having been accepted by the Sellers.
理赔：货品到达终点后90日内，假如品质、技术性规格型号或总数发觉与协议的要求不符合(除过车险公司和运输公司的义务承当)，买家应当根据我国出入境签证检验检疫的检测报告或是是卖家的校准工作人员在组装调节时出示的汇报，有权利规定更换或赔偿，全部的花费(包含报检费、替补队员件往返的运输费、保险费用、堆存费、货品装车装卸货物费等)均由卖家担负。卖家的品质保证为签署有关此批商品的验收报告后12个月内；因为货品本质的品质、差的质量、选材不合理而导致实际操作中的货品毁坏，买家应该马上书面形式通知卖家，并与此同时随附中国商检局出示的检测报告做为理赔根据。卖家在收到买家的理赔后，有义务马上处理对应的产品质量问题、所有或部份地更换货品或依据货品毁坏的水平开展折扣率； 假如卖家在接到买家的以上理赔后一个月内无法做出回应，则视作理赔已为卖家所接纳。

15. FORCE MAJEURE:
The Sellers shall not be held responsible for the delay in 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 Sellers shall advise the Buyers immediately of the occurrence mentioned above and within fourteen days thereafter, the Sellers shall send by airmail to the Buyers for their acceptance a certificate of the accident issued by the Competent Government Authorities where the accident occurs as evidence thereof. Under such circumstances the Sellers, 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 10 weeks, the Buyers shall have the right to cancel the Contract.
不可抗拒：针对生产或预配运送环节中将会造成的不可抗力因素而产生的迟交货或不可以交货，卖家可以不负责任。卖家应该马上在不可抗拒造成的十四日内将相关状况通知买家，而且卖家运用航空邮件将相关政府部门政府单位开具的证实不可抗拒造成的文档寄赠给买家。在这里状况下，卖家仍应负较大勤奋采用多种对策促进货品的装运。假如安全事故不断十周，买家有权利撤销该合同书。
16. LATE DELIVERY AND PENALTY:
Should the Sellers fail to make delivery on time as stipulated in the Contract, with exception of Force Majeure causes specified in Clause 15 of this Contract. The Buyers shall agree to postpone the delivery on condition that the Sellers agree to pay a penalty which shall be deducted by the paying bank from the payment. The Penalty, however, shall not exceed 5% of the total value of the goods involved in the late delivery. The rate of penalty is charged at 0.5% for every seven days. Odd days less than seven days should be counted as seven days. In case the Sellers fail to make delivery ten weeks later than the time of shipment stipulated in the Contract, the Buyers shall have the right to cancel the contract and the Sellers, in spite the cancellation, shall still pay the aforesaid penalty to the Buyers without delay.
迟交货和罚款：假如卖家无法按合同约定立即交货(除开保证合同15条文所说的不可抗拒)，买家允许在卖家付罚款的前提条件下迟交货。罚款的额度不超过迟交货的合同书货品一部分的價值的5%，罚款按每7日0.5%测算，低于7日的提升日数按7日计。假如卖家无法于合同条款的供货周期以后的十周内装运，买家有权利撤销该合同书，此外，卖家仍旧将相关罚款不用推迟地交给买家。
17. ARBITRATION:
Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both partied. Arbitration fee shall be borne by the losing party.
诉讼：与此合同书相关的异议应根据友善商议处理。假如商议不能处理，递交我国国际经贸监察委员会开展诉讼。依照申请劳动仲裁时该学些现行标准合理的仲裁规则开展诉讼。仲裁裁决是终结的，对彼此均有约束。诉讼花费由败诉方担负。

·外贸合同样本 ·检修合同样本 ·买房合同样本 ·合资企业合同样本

18.BANK CHARGES: All bank charges outside China will be on the account of the Sellers.
银行收费：全部我国以外的银行收费均由卖家担负。
19.OTHER: This contract signed in three copies, the seller holds one copy and the buyer hold two copies.
其他：保证合同一式叁份，卖家执壹份, 买家执贰份。

THE BUYERS THE SELLERS