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LC定价合同

CONTRACT

CONTRACT NO:***********

CONTRACT DATE:********* SELLER:*************************

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BUYER:*****************************

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Through mutually discussed, Seller agrees to sell and Buyer agrees to buy the under-mentioned co mmodity with the terms and conditions hereinafter set forth:

MODITY

SIMV ASTATIN(PURITY 99.6%)

CAS NO.:79902-63-9

2.QUANTITY

************************

3.DELIVERY

WITHIN MAY 2016, CFR ANTWERP, BELGIUM

4. PRICE DETERMINATION

Fixed at*****/KG

TOTAL at *******

5.PAYMENT

Net Cash in USD/RMB shall be paid by an irrevocable Letter of Credit(L/C ) payable at 365 days after sight which is in the form and substance fully acceptable to seller from an acceptable bank, L/C should allow for spelling and grammatical mistakes, should there be any amendment to the L/C due to such mistake, Buyer shall bear all charges for the amendment, Should the L/C be rejected due to such mistakes, Buyer shall bear all the costs.

Documents required for payment:

-SELLER‟S SIGNED COMMERCIAL INVOICE

- BILL OF LADING OR WAREHOUSE WARRANT/RECEIPT

6.QUANTITY, WEIGHT, QUALITY OF DISCREPANCY AND CLAIM

Weight shown on Warehouse Warrant/Receiptshall be final for settlement. However, if Buyer finds a difference of more than 0.2% in weights and/or quality problem within a maximum period of 7 (seven) days after delivery date, he will have the right to ask for a re-weighing, which shall be carried out by an

independent expert (such as SGS) mutually agreed upon and whose results shall be binding for both parties. Costs of the expert shall be borne by the party whose weights are furthest from those of the expert, or be equally shared if the expert‟s resolution is the exact mean of the two parties‟ assessments.

7.FORCE MAJEURE

(a)If either party including Seller‟s supplier or manufacturer is rendered unable wholly or partially by a Force Majeure Event(as defined below)to perform its obligations under this Contract, then that party shall give notice and full particulars of such Force Majeure Event(the …Force Majeure Notice‟) to the other party as soon as reasonably practicable after the occurrence of such Force Majeure Event, and the party giving such Force Majeure Notice shall be exempted from its obligations under this Contract, from and after the occurrence of such Force Majeure Event, but only to the extent of such inability to perform; provided that no such Force Majeure Event shall relieve either party from the obligation to make payments under this Contract.

(b)…Force Majeure Event‟ shall mean any event or condition that prevents Seller from performing an obligation hereunder and that is beyond the control of Seller and Seller‟s supplier or manufact urer, if it could not have been reasonably avoided by Seller and Seller‟s supplier or manufacturer, and shall include, without limitation:

(ⅰ) acts of God, fires, floods, atmospheric disturbances, explosions, lightening, storms, typhoons, tornados, earthquakes, land-sliders, soil erosion or subsidence, washouts, hurricanes or epidemics;

(ⅱ) wars, riots, civil wars, blockades, insurrections, sabotage, acts of public enemies or civil disturbances;

(ⅲ)orders, judgments, rulings, decisions or other acts of any governmental, civil or military authority;

(ⅳ) boycotts, strikes, lockouts or other similar industrial disturbances;

(ⅴ) breakdowns of plan or machinery, shortage of labour, raw materials or fuel or power; and

(ⅵ) any other acts or events whatsoever not within the control of Seller which Seller shall not be able to prevent, resist or overcome.

(c) If Seller‟s inability to perform resulting from a Force Majeure Event lasts longer than six months after the date of the Force Majeure Notice, Buyer shall be entitled to terminate the contract in its entirety with written notice to Seller.

(d) For the quantity priced and undelivered, this clause shall not be applied.

8. BREACH OF CONTRACT

(a)In case of Seller‟s following (i), (ii), Buyer has the right to purchase commodity from the third party and to claim for the difference between the price according to this contract and the price of which commodity is purchased from the third party;

(i)Any proceeding for insolvency, bankruptcy or any other analogous event is instituted by or

against the other party or a receiver is appointed for the other party.

(ii)Non-performance of material duties in this contract

(b)In case of Buyer‟s (i), (ii) of above (a), Seller has the right to at its own discretion fix the price of commodity which price is not yet fixed and already is delivered to Buyer. In such case Buyer shall accept Seller‟s fixed price and make payment according to the Seller‟s fixed price and Seller may reserve the right to stop or suspend the following shipment or to cancel all or any part of the contract and/or may dispose of the goods on Buyer‟s account and risk.

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