SALES CONTRACT
NO.:
DATE : THE SELLER :
THE BUYER :
THE AGENT :
THIS CONTRACT IS MADE BY AND BETWEEN THE SELLERS AND THE BUYERS. WHERE BY THE SELLERS AGREE
TO SELL AND THE BUYERS AGREE TO BUY THE UNDER MENTIONED GOODS ACCORDING TO THE TERMS AND CONDITIONS STIPULATED BELOW AND OVERLEAF :
NOTE: ALL THE PRODUCTS UNDER THE CONTRACT ARE ONLY USED FOR MANUFACTURING AND SELLING AS GENERAL CHEMICAL PRODUCTS. ANY PRODUCTS PROTECTED BY V ALID PA TENTS ARE NOT OFFERED FOR SALE IN COUNTRIES, WHERE THE SALE OF SUCH PRODUCTS CONSTITUTES A PATENT INFRINGEMENT. AS IT IS IMPOSSIBLE FOR SELLER TO BE INFORMED ABOUT THE PA TENT SITUATION IN ALL COUNTRIES, THE LIABILITY FOR PATENT INFRINGEMENT IS EXCLUSIVELY TO BE UNDERSTOOD AS BUYER'S RISK.
THE AGENT MUST GUARANTEE THAT THE BUYER WILL MAKE THE PAYMENT ON TIME, AND THERE IS NO COMMISSION FOR THE AGENT IN THIS CONTRACT.
(5) PACKING:********
THE SHELF LIFE:
(6) PORT OF LOADING: CHINA MAIN SEAPORT
(7) PORT OF DESTINATION:
(8) TIME OF SHIPMENT:
(9) TERMS OF PAYMENT:
***************
THE LOSS BROUGHT ABOUT BY THE CHANGE OF THE FORWARD FOREIGN EXCHANGE RA TE.
PARTICULARLY REFERRING TO THE US-DOLLAR TO-RMB EXCHANGE RA TE SHOULD BE BORNE ON THE BUYERS FOR THEIR OVERDUE PAYMENT.
IF A PARTY DOES NOT PAY A SUM OF MONEY WHEN IT FALLS DUE, THE OTHER PARTY IS ENTITLED TO INTEREST UPON THA T SUM FROM THE TIME WHEN PAYMENT IS DUE TO THE TIME OF PAYMENT;
UNLESS OTHERWISE AGREED, THE RATE OF INTEREST SHALL BE 2% ABOVE THE A VERAGE BANK SHORT-TERM
LENDING RATE TO PRIME BORROWERS PREVAILING FOR THE CURRENCY OF PAYMENT AT THE PLACE OF PAYMENT, OR WHERE NO SUCH RATE EXISTS AT THAT PLACE, THEN THE SAME RATE IN THE STATE OF THE CURRENCY OF PAYMENT; IN THE ABSENCE OF SUCH A RATE AT EITHER PLACE, THE RA TE OF INTEREST SHALL BE THE APPROPRIA TE RATE FIXED BY THE LAW OF THE STATE OF THE CURRENCY OF PAYMENT.
THE GOODS SHALL REMAIN THE PROPERTY OF THE SELLER UNTIL THE COMPLETE PAYMENT OF THE PRICE, OR
AS OTHERWISE AGREED;
PROPERTY IN THE GOODS SHALL REMAIN VESTED IN THE SELLER UNTIL PAYMENT IN FULL THEREOF SHALL
HAVE BEEN MADE BY THE BUYER.
(10) INSURANCE:
COVERS ALL RISKS AND WAR RISKS ONLY AS PER THE CLAUSES OF THE PEOPLE'S INSURANCE COMPANY OF
CHINA FOR 110% OF THE INVOICE V ALUE.
FOR THIS CONTRACT SIGNED ON CIF BASIS, THE PREMIUM SHOULD BE 110% OF INVOICE V ALUE. ALL RISKS INSURED SHOULD BE INCLUDED WITHIN THIS CONTRACT. IF THE BUYER ASKS TO INCREASE THE INSURANCE PREMIUM OR SCOPE OF RISKS, HE SHOULD GET THE PERMISSION OF THE SELLER BEFORE TIME OF LOADING , AND ALL THE CHARGES THUS INCURRED SHOULD BE BORNE BY THE BUYER.
(11) DOCUMENTS:
THE SELLER SHALL PRESENT TO THE BUYER, BILL OF LADING , INVOICE, CERTIFICA TE OF ANALYSIS, AND TRANSFERABLE INSURANCE POLICY OR INSURANCE CERTIFICATE WHEN THIS CONTRACT IS MADE ON CIF BASIS.
(12) QUA LITY/QUANTITY DISCREPANCY :
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 AS SOON AS HE PICKS UP THE GOODS. THE BUYER SHALL BE LIABLE FOR COLLECTING THE RELATED CERTIFICATE DOCUMENTS FROM LOCAL CUSTOMS AND THE SURVEY AGENT. THE BUYER SHALL
BE l_lABLE FOR COLLECTING THE RELATED CERTIFICA TE DOCUMENTS FROM PROFESSIONAL SURVEY INSTITUTION APPROVED BY SELLER. IT IS UNDERSTOOD THA T THE SELLER SHALL NOT BE l_l ABLE FOR ANY DISCREPANCY OF THE GOODS SHIPPED DUE TO CAUSES FOR WHICH THE INSURANCE COMPANY, SHIPPING COMPANY , OTHER TRANSPORTATION ORGANIZATIONS AND/OR POST OFFICE ARE l_lABLE.
(13) FORCE MAJEURE :
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.
THE SELLER WILL NOT BE LIABLE IN ANY WAY FOR ANY DELAY , NON DELIVERY OR DEFAULT IN SHIPMENT DUE TO LABOR DISPUTE, TRANSPORTATION SHORTAGE, DELAYS IN RECEIPT OF MA TERIAL, PRIORITIES, FIRES, ACCIDENTS AND OTHER CAUSES BEYOND THE CONTROL OF THE SELLER OR ITS SUPPLIERS;
IF THE SELLER, IN ITS SOLE JUDGMENT, WILL BE PREVENTED DIRECTLY OR INDIRECTLY , ON ACCOUNT OF ANY CAUSE BEYOND ITS CONTROL, THEN THE SELLER WILL HA VE THE RIGHT TO TERMINATE THE CONTRACT BY NOTICE IN WRITING TO THE BUYER, WHICH NOTICE WILL BE ACCOMPANIED BY FULL REFUND OF ALL SUMS PAID BY THE BUYER PURSUANT TO THIS CONTRACT.
(14) ARBITRATION:
ANY DISPUTE ARISING FROM OR IN CONNECTION WITH THIS CONTRACT SHALL BE SUBMITTED TO CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION, SHANGHAI SUB-COMMISSION FOR ARBITRATION