XIAMEN C&D INC. 厦门建发股份有限公司 Add: 5th-7th FLR.
SEASIDE BLDG. XIAMEN, CHINA Fax: Tel: Telex: Xiamen, China, 2001 Contract No. SALES CONTRACT The Buyers: Contract
Date: It is hereby confirmed thatXiamen C&D Inc. As Seller. The
under-signed Buyers and Sellers have agreed to close the following transactions according to the terms and conditions stipulated below:
(1)Commodity & Specifications (2)Quantity (3)Unit Price (4)Amount
Total Value: (5)With % more or less in quantity and total value allowed
(6) Terms of Shipment: (7) Shipping Mark: --Time of Shipment: --Port
of Shipment: --Port of Destination: --Partial Shipment Allowed/Not
Allowed; Transshipment Allowed/Not Allowed; --Special Conditions:
(8) Packing: (9) Terms of Payment: ] Before the Buyers shall establish
an Irrevocable, Letter of Credit to be available by sight draft in favour
of the Sellers, to reach the Sellers and to remain valid for negotiation in
Xiamen, China until the 20th day after the aforesaid Time of Shipment.
The Contract Number should be marked in the L/C opened by the
Buyers. (10) Insurance: ] To be effected by the Sellers for 110% of the
invoice value covering F.P.A/W.A./All Risks and War Risk (Excluding
Strike, Riot & Civil Commotion) as per The Ocean Marine Cargo Clauses
of The People’s Insurance Company of China dat ed 1/1 1981. ] To be
effected by the Buyers. (11)Documents 1)Full set of clean on board
Bill of Lading; 2)Invoice in 5 origin, indicating L/C No. and contract No. and shipping mark; 3)Packing List/Weight List in 4 origin, indicating quantity, gross and net weights of each item. 4) GENERAL TERMS AND CONDITIONS (12) Inspection: The complaints, if any, concerning the quality, quantity and weight of the goods, should be filed within days after the goods are shipped. 5-7 FLOOR, SEASIDE BUILDING, XIAMEN, P.R.CHINA th Tel:(86)592-2110872 2110636 Fax:(86)592-2110272
XIAMEN C & D FID56010929 Page 2 ] Quality, quantity and weight certified by the China Commodity Inspection Bureau or the Sellers as per the former’ s Inspect ion Certificate(s) or the Latter’s Certificate(s), are to be taken as final. ] Quality, quantity and weight certified by the Buyers. The Certificate(s) are to be taken as final. (13) Terms of Payment: The Buyers shall open the relevant Letter of Credit before the day set in Clause (9) hereof, otherwise the Sellers shall have the right to cancel this Sales Contract without prior notice. If any discrepancy is found, amendments to L/C should be made immediately by the Buyers upon receipt of the Sel lers’ advice and notify the Sellers, failing which the Sellers shall have the right to cancel this Sales Contract without notice and lodge a claim against the Buyers for
any losses thus incurred. (14) Force Majeure: The Sellers shall not be held responsible for the delay in shipment, non-delivery of goods or unfulfilling of this Contract due to Force Majeure, such as war, earthquake, flood, fire, storm, heavy snow, government restrictions. The Sellers shall send to the Buyers at the Buyers request a certificate of the accident signed and sealed by the competent unit. The Buyers shall not lodge a claim against the Sellers for the losses due to Force Majeure.
(15)Arbitration: All disputes in connection with this Contract or the execution thereof shall be settled through friendly negotiation. In case no settlement can be reached through negotiations, the case should then be submitted for arbitration to the International Economic and Trade Arbitration Commission of China in accordance with china’s l aws and international practices when applying its Rules of Procedure. The arbitration shall take place in China Beijing/Shanghai/Shenzhen and the award rendered by the said Commission shall be final and binding upon both parties, The arbitration fee shall be borne by the losing party. (16) This Sales Contract is made out in two copies, one copy to be held
by each party in witness thereof, The contract come into effective after being signed by both parties and stamped the EXIM CONTRACT SEAL of the Sellers. (17) Additional Clause: If any of the above mentioned clause(s) is/are inconsistent with the following additional clause(s), The latter shall be taken as authentic. The Sellers The Buyers Xiamen C&D Inc. As Seller, as agent and on behalf of。