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最新英文补偿贸易合同(附中文)

英文补偿贸易合同(附中文)Compensation Trade ContractTliis contract is hereby made and entered into between Guangdong Jiaxing Industrial Co.,Ltd.(hereiiiafter refeiTed to as Paity A) and Tailoiig Electroiiics(Singapore) Co., Ltd.(lieremafter refened to as Paity B) on October 12,1995 in Guangzhou, Cliiiia on the basis of equality and mutual benefit and tluoiigli amicable consultation.Paity A: Guangdong Jiaxiiig Industrial Co., Ltd・Add: 317 Huanshi East Road, Guangzhou, CliiiiaTel: (020) 87786162Fax: (020)87619503Paity B: Tailong Electronics (Singapore) Co., Ltd.Add: 111 North Bridge Road, SingaporeTel: (65) 3324951Fax: (65) 33249281.Contents of Tiaiisactioiis1.1Party A agrees to buy from Paity B and Party B agrees to sell to Paity A Assembly Lilies for Color TV Sets, whose specifications, teclniical reqiiiiements, price and delivery schedule shall be specified in ail additional contract to be made between botli paities, wliich shall seive as an integral part of tliis contract.1.2Paity B shall buy from Party A Color TV Sets turned out on the Assembly Lilies supplied by Paity B in an ainoiuit approximately equal to that of the Assembly Lines. The quality quantity, luiit price, packing and deliveiy schedule shall also be specified in ail additional contract, which shall constitute ail integral pait of tliis contract.2.Tenns of PaymentPayment of the transactions stipulated in Article 1 shall be effected by reciprocal Ls/C・ Paity A shall open a usance L/C ill favor of Paity B to pay by iiistailments the entire cost of the Assembly Lilies to be supplied by Paity B ;whereas Paity B shall open a sight L/C in favor of Paity A to pay each sliipment of Color TV Sets to be delivered by Paity A. The tenor of the usance L/C sliall be ill consistence with the tenn of compensation stipulated ill Aiticle 3. The total proceeds received by Paity A from selling Color TV Sets to Paity B witliiii the diuation of tliis contract shall be equal to, and used to cover, the total value of the Assembly Lines. In case the total proceeds received by Paity A from selling Color TV Sets to Party B is not enough to cover the total value of the Assembly Lines, the balance shall be made up by Paity B with down payment before the usance L/C opened by Party A expires, thus enabling Paity A to effect payment due mider the usance L/C・3.Tenn of CompensationPaity A shall pay the total cost of the Assembly Lilies by expoitiiig Color TV Sets to Party B vvitliin 10 montlis from the 4th month after all pails of the Assembly Lilies are delivered. In principle, the amount to be paid by Paity B for its imports from Party A per month shall be 10 percent of the total ainoiuit due to be paid for the Assembly Lilies. Paity A can make payment aliead of schedule with a notice to Paity B 1 montlisill advance.4.Ciuiency for PricingBoth the Assembly Lilies and the Color TV Sets shall be priced in temis of US Dollais. If the Color TV Sets are also to be sold on the home market witliiii the tenn of compensation and thus have a price ill RMB. their export price shall be its equivalent in US Dollais according to the exchange rate tlien prevailing・5.Interest RatePaity A shall bear the interest on the usance L/C and the down payment of Paity B. The aimual interest rate is agieed up on at 7.5%.6.Tecluiical SeiviceAfter airival at the destination, the Assembly Lines shall be installed by Paity A. Wlien Paity A believes it is necessaiy Paity B shall send its tecluiiciaiis to provide on-the-spot instructions and other tecluiical assistance in the course of installation.Paity B shall be liable for expenses of the tecluiiciaiis and losses incmied in the course of installation as a result of tecluiical default on its pait.7.Iiismaiice7.1The buying and selling of the Assembly Lilies and tlie Color TV Sets shall be on FOB basis, thus the ocean maiiiie cargo insurance on them shall be effected by Paity A and Paity B respectively.7.2In the duration of tliis contract, the Assembly Lilies shall be insured by Party A. Should any loss or damage occur, Paity A shall lodge claims against the iiisiuer and pay a pait of tlie iiidenuiification received from the iiisiuer to Party B, wliich shall be ill proportion to the payinent Party A has not made for the pait of macliiiieiy involved in the loss or damage.8.Liability for BreachEither paity shall be liable for its breach of contract and iiidenniify for all losses thus incurred to the other party. In addition, the bleaching party shall pay to the other paity a fine, wliich shall accoimt for 15% of the total ainoiuit involved.9 Perfonnaiice GuaranteeTo guarantee the implementation of the contract, each paity shall submit to the other a perfbnnaiice guaiaiitee issued by a bank agreed by both paities. The guaiaiitee bank of Party A is The Bank of Cliiiia, Guangzhou Branch, wliile that of Paity B is Saiiwa Bank.10.Force Majeiue10.1Either paity shall not be held responsible for failiue or delay to perfbnn all or any pait of the contract due to flood, fire, earthquake, draught, war or any other events wliich could not be predicted at the time of conclusion of tliis contract, and could not be controlled, avoided or overcome by the relative paity. However, the paity affected by the event of Force Majeiire shall irnfonn the other party of its occiinence in wilting as soon as possible and thereafter send a ceitificate of the event issued bythe relevant authorities to the other paity xvitliin 15 days of its occurrence.10.2If the event of Force Majeme lasts over 120 days, both paities shall have the riglit to temiiiiate the contract・11.Aibitration11.1A11 disputes aiisiiig from the perfonnaiice of tliis contract shall be settled tlirough fiiendly negotiations・Should no settlement be reached tluoiigh negotiation, the case shall then be submitted for aibitration to the Cliiiia International Economic and Trade Aibitration Commission (Beijing) and the niles of tliis Conuiiission shall be applied. The awaid of the aibitration shall be filial and binding upon both paities. The aibitration fee shall be borne by the losing paity luiless otherwise awaided by the conuiiission.11.2Dming the course of the aibitration, the contract shall be peifonned except for the pait luider aibitration.12.Ainendinent to the ContractThe contract can be amended only after the ainendinent is agreed upon by both paities.nguage and Validity13.1The contract shall be written ill Cliiiiese and English ・ Both versions aie equally authentic・ In the event of any discrepancy between the two versions, the Cliinese version shall prevail.。

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