P-10This Sales Contract is made by and between the Sellers and Buyers whereby the Sellers agree to sell and the Buyers agree to buy the under-mentioned goods according to the terms and conditions stipulated below:(兹经买卖双方同意由卖方出售买方购进下列货物,并按下列条款签订本合同:)(The Sellers are allowed to load 5% more or less and the price shall be calculatedaccording to the unit price.)(卖方可多装或少装5%,价格仍按上述单价计算)3.Insurance: To be covered by the Sellers for 110% of the invoice value against All Risks & War Risk as per the relevant O cean Marine Cargo Clauses of the People’s Insurance Company of China. If other coverage or an additional amount is required, the Buyers must have the consent of the Sellers before shipment, and the additional premium is to be borne by the Buyers.保险:由卖方按中国人民保险公司海运输货物条款照发票金额总值110%投保一切险及战争险。
如买方欲增加其他险别或超过上述保额时须于装船前征得卖方同意,所增加的保险费由买方负担。
7.Terms and Payment: The Buyers shall open with a bank acceptable to the Sellers an Irrevocable Sight Letter of Credit to reach the Sellers 30 days before the month of shipment, valid for negotiation in China until the 15th day after the month of shipment.付款条件:买方应由卖方可接受的银行于装运月份前30天开立并送达卖方不可撤销的即期信用证,至装运月份后第15天在中国议付有效.8. Commodity Inspection: It is mutually agreed that certificate of Quality and Weight issued by the Chinese Import and Export Commodity Inspection Bureau at the port of shipment shall be taken as the basis of delivery.商品检验:买卖双方同意以装运口岸中国进出口商品检验局签发的品质和重量检验证书作为品质和数量的交货依据.9.异议和索赔:买方对于装运货物的任何索赔,必须于货到目的港后30天内提出,并须提供经卖方同意的公证机构出具的检验报告,属于保险公司或轮船公司责任范围的索赔,卖方不予受理.Discrepancy and Claim: Any claim by the Buyers on the goods shipped shall be filed within 30 days after the arrival of the goods at port of destination and supported by a survey report issued by a public surveyor approved by the Sellers. Claims in respect of matters within the responsibility of the insurance company or of the shipping company will not be considered or entertained by the Sellers.10不可抗力:如由于不可抗力的原因,致使卖方不能全部或者部分装运或延迟装运合同货物时,卖方对于这种不能装运或延迟装运不负有责任。
但卖方须用传真或电传通知买方,并须在15天以内以航空挂号信件向买方提交事故发生地权威机构出具的证明此类事故的证明书。
Force majeure: If shipment of the contracted goods is prevented or delayed in whole or in part due to Force majeure, the Sellers shall not be liable for non-shipment or late shipment of the goods under this contract. However, the sellers shall notify the buyers by fax or telex and furnish the later within 15 days by registered airmail with a certificate issued by the competent authorities at the place of occurrence attesting such event or events.11.仲裁:凡因执行本合同所发生的或于本合同有关的一切争议,双方应通过友好协商解决。
如果协商不能解决时,应提交北京中国国际贸易促进委员会对外经济贸易仲裁委员会根据该会仲裁程序暂行规则进行仲裁。
仲裁是终局性的,对双方都有约束力。
Arbitration: All disputes arising out of the performance of, or relating to this Contract, shall be settled amicably through negotiation. In case no settlement can be reached through negotiation, the case shall then be submitted to the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade, Beijing, China for arbitration in accordance with its provisional Rules of Procedure. The arbitral award is final and binding upon both parties.P-131. The ownership of the goods shall belong to the Sellers if the Buyers fail to pay the piece or perform other obligation.2.Quality/Quantity discrepancy:如买方提出索赔,凡属品质异议须于货到目的口岸之日起30天内提出,凡属数量异议须于货到目的口岸之日起15天内提出,对所装货物所提任何异议于保险公司、轮船公司、其他有关运输机构或邮递机构所负责者,卖方不负任何责任。
In case of quality discrepancy,claim should be filed by the Buyer within 30 days after the arrival of the goods at port of destination,while for quantity discrepancy,claim should be filed by the Buyer within 15 days after the arrival of the goods at port of destination. It is understood that the Seller shall not be liable for any discrepancy of the goods shipped due to causes for which the Insurance Company,Shipping Company,other Transportation Organization /or Post Office is liable.3.由于发生人力不可抗拒的原因,致使本合约不能履行,部分或全部商品延误交货,卖方概不负责。
The Seller shall not be held liable for failure or delay in delivery of the entire lot or a portion of the goods under this Sales Contract in consequence of any Force Majeure incidents.4. The Buyers are requested to countersign and return one cope of this Sales Confirmation immediately after receipt of the same. Objection, if any, shall be raised by the Buyers within 5days after receipt of this Confirmation, in the absence of which it is understood that the Buyers have accepted the terms and conditions of the Sales Confirmation.P-13P1/2(original) 合同ContractNo.BTGL-HITACHI 2006-01CONTRACT Date: March 20, 2006Revised date:July 14, 2006卖方:地址THE SELLER: TEL:FAX:买方:地址THE BUYER:TEL: FAX:兹双方同意按下列条款由卖方出售,买方购进下列货物:The Seller agrees to sell and the Buyer agrees to buy the under mentioned goods on the terms and(5)装运条款和交货期:于合同生效后8月30日前以海运形式送货到达MOJI港口。