我的位置:首页 > 民法常识 > 英文商业合同模板




Commercial Contract 商业合同 No: 合同号: Date: 日 期: The Buyer: Zhonghua International Technology Corporation 卖方:菲尔德埃米森公司 The S


Commercial Contract





日 期:

The Buyer: Zhonghua International Technology Corporation


The Seller: Field Emission Corp.


This contract is made by and between the Buyer and the Seller, whereby the Buyer agrees to buy and the Seller agrees to sell the under-mentioned commodity according to the terms and conditions stated below:


1. Commodity: camera-control equipment


Quantity: 60 (sets)


Unit price: USD4 800.00

单价:4 800美元/台

Total amount: USD288 000.00

总额:288 000美元

2. Country of origin and manufacturer: Field Emission Corp. in US


3. Packing


To be packed in strong wooden cases or cartons, suitable for long distance ocean, parcel post or air freight transportation as well as changing climate and with good resistance to moisture and shocks.


The Seller shall be liable for any damage of the commodity due to improper packing and for any rust attributable to inadequate protective measures in regard to the packing.


One full set of service and operation manual shall be enclosed in each case.


4. Shipping mark:


The Seller shall mark on each package with fadeless paint the package number, gross weight, net weight, measurement and warnings such as HANDLE WITH CARE, KEEP AWAY FROM HEAT, KEEP AWAY FROM MOISTURE as well as shipping mark.


5. Date of shipment: Aug. 8, 2000


6. Port of shipment: Los Angeles


7. Port of destination: Ningbo


8. Insurance:


To be borne by the Buyer after shipment.


9. Payment, under conditions (1), (2) and (3) below:

9、支付条件 分以下三种条件支付:

(1) Through the letter of credit:


The Buyer, on receipt from the Seller of the delivery advice, shall open an irrevocable letter of credit with the Bank of China, in favor of the Seller for the total value of shipment 25 30 days prior to the date of delivery. The credit shall be available against Sellers draft drawn at sight on the opening bank for 100% invoice value accompanied by the shipping documents specified in Clause 10 hereof. Payment shall be effected by the opening bank by telegraphic transfer against presentation of the aforesaid draft and documents. The letter of credit shall be valid until the 20th day after the shipment is effected.

买方收到卖方交货通知,应在交货日期前25 30 天,由中国银行开出以卖方为受益人的与装运金额相同的不可撤销的信用证。卖方须向开证行出具100%发票金额即期汇票并附本合同第10款所规定的装运单据。开证行收到上述汇票和装运单据即予以电汇支付。信用证于装运日期后20天内有效。

(2) Collection:


The Seller may present the sight draft together with the shipping documents (specified in Clause 10 hereof) through the Sellers bank and Buyers Bank to the Buyer for collection after shipment.

货物装运后, 卖方出具即期汇票,连同本合同第10款规定的装运单据,通过卖方所在地银行和买方银行提交给买方托收。

(3) By direct remittance:


Payment shall be effected by the Buyer, by telegraphic transfer, within 7 (seven) days after receipt from the Seller of the shipping documents specified in the Clause 10 hereof.

买方收到本合同第10款规定的装运单据后7天内, 以电汇向卖方支付货款。

10. Documents:


(1) In case of sea-freight:


Full set of clean bills of lading marked Freight to Collect, Freight Prepaid made out to bank endorsed notifying Zhonghua International Technology Development Corporation at the port of destination.


(2) In case of air-freight:

(2) 空运

One copy of airway bill marked Freight to Collect, Freight Prepaid and sent to the Buyer.


(3) Invoice in 4 copies indicating contract number and shipping mark, made out in details as per the contract concerned.


(4) Packing list in 2 copies issued by the manufacturer.


(5) Certificate of quality and quantity issued by the manufacturer.


(6) The Buyer shall be advised by mail/cable immediately after shipment.


In addition, the Seller shall, within 10 (ten) days after shipment, send by airmail two sets of aforesaid documents (except item 4) with one set directly to the Buyer and one set directly to Zhonghua International Technology Development Corporation at the port of destination.


11. Shipment


(1) In case of FOB terms

(1) 离岸价格条款(FOB条款)

a. The Seller shall, 30days before the contracted date of shipment, advise the Buyer by cable or letter of the contract number, name of commodity, quality, value, package number, gross weight, measurement and date of readiness at the port of shipment for the Buyer to book shipping space.


b. Booking of shipping space shall be arranged by the Buyers shipping agent, China Ocean Shipping Agency.


c. The Buyers shipping agent (China Ocean Shipping Agency) shall send to the Seller notice indicating the name of vessel, estimated date of loading and contract number for the Seller to arrange shipment 10 (ten) days before the estimated date of arrival of the vessel at the loading port. The Seller is requested to get in close contract with the shipping agent. When it becomes necessary to change the carrying vessel or to advance or delay the arrival date, the Buyer or the shipping agent shall advise the Seller in time. Should the vessel fail to arrive at the loading port within 30 (thirty) days after the arrival date advised by the Buyer, the Buyer shall bear the storage and insurance expenses incurred from the 30 day thereafter.


d. The Seller shall be liable for any dead freight or demurrage, should it happen that they have failed to have the commodity ready for loading after the carrying vessel has arrived at the port of shipment on time.


e. The Seller shall bear all expenses and risks before the commodity passes over the vessels rail and is released from the tackle. After it has passed over the vessels rail and is released from the tackle, all expenses and risks shall be in Buyers account. 5)货物超过船舷并从吊钩卸下前,一切费用和风险由卖方承担;货物超过船舷并从吊钩卸下,一切费用和风险由买方承担。

(2) In case of CFR terms


a. The Seller shall ship the goods within the shipment time from the loading port to the port of destination. Transshipment is not allowed.

1) 在装运期内,卖方负责将货物从装运港装运至目的港。不得转船。

b. In case the goods are to be dispatched by air freight, the Seller shall, 30 (thirty) days before the time of delivery as stipulated in Clause 5, inform the Buyer by cable or letter of the estimated date of delivery, contract number, name of commodity, and invoiced value. The Seller shall, immediately after dispatch of the goods, advise the Buyer by cable or letter of the contract number, name of commodity, invoiced value and date of dispatch for the Buyer to arrange the insurance in time.

2) 货物空运时,卖方于本合同第5条规定的交货日期前30天,以电报或信件把预计交货期合同号、品名、发票金额等通知买方。发货后,卖方立即以电报或信件将合同号、品名、发票金额、发货日期通知买方,以便买方及时投保。

12. Shipping advice


The Seller shall, immediately on the completion of the loading of the goods, advise the Buyer by cable or letter of the contract number, name of commodity, quantity, invoiced value, gross weight, name of vessel and date of sailing. In case the Buyer fails to arrange insurance in time due to the Sellers not having cabled in time, all losses shall be borne by the Seller.


13. Guarantee of quality


The Seller guarantees that the commodity hereof is made of the best materials with first class workmanship, brand new, unused, and complies with the quality and specifications stipulated in this contract. The guarantee period shall be 12 (twelve) months staring from the date on which the commodity arrives at the port of destination.


14. Claims


Except those claims for which the insurance company or the owners of the vessel are liable, should the quality, specifications or quantity be found not in conformity with the stipulations of the contract, within 90 (ninety) days after the arrival of the goods at destination, the Buyer can use the Inspection Certificate issued by China National Import and Export Commodities Inspection Corporation to claim for replacement as compensation. All the expenses incurred (such as inspection charges, freight charges for returning and sending of replacement, insurance premium, storage, loading and unloading charges) shall be borne by the Seller.


In regard to quality, the Seller shall guarantee that if, within 12 (twelve) from the date of arrival of the goods at destination, damages occur in the course of operation by reason of inferior quality of material or bad workmanship, the Buyer shall immediately notify the Seller in writing and put forward a certificate issued by the CCIC. The certificate so issued shall be accepted as the base of the claim. The Seller, in accordance with the Buyers claim, shall be responsible for the immediate elimination of the defects, complete or partial replacement of the commodity, or devaluate the commodity according to the state of defects. Where necessary, the Buyer may eliminate the defects themselves at the Sellers expenses. If the Seller fails to reply within on month after receipt of the aforesaid claim, the claim shall be reckoned as having been accepted by the Seller.

卖方保证,货物到达目的港12个 月内,如果使用过程中由于材料质量低劣和工艺不佳而出现的损坏,买方立即以书面形式通知卖方并出具中国进出口商品检验总公司开列的检验证书,提出索赔。商 检证书为索赔的依据。按买方索赔要求,卖方有责任立即排除货物的缺陷、全部或部分更换或根据缺陷情况将货物作降价处理。

15. Force Majeure


The Seller shall not be held responsible for delay in shipment or non-delivery of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading. The Seller shall advise the Buyer of the occurrence mentioned above within 15 (fifteen) days and send by airmail a certificate of the incident issued by the local government to the Buyer. Even in such cases, the Seller is still liable to take all possible measures to expedite the delivery of goods.


Should the Seller fails to perform the contracted obligations 10 (ten) weeks after the aforesaid incident, the Buyer shall have the right to treat the contract as null and void.


16. Late delivery and penalty


Should the Seller fail to make delivery within the contracted period for reasons other than Force Majeure specified in Clause 15 hereof, the Buyer may accept the postponement on condition that the Seller agrees to pay a penalty which shall be deducted by the paying bank from the agreed amount of payment. The penalty, however, shall not exceed 5% (five percent) of the total value of the goods involved in the late delivery. The rate of penalty is charged at 0.55(zero point five percent) for every seven days, odd days less than seven days should be counted as seven days. In case the Seller fails to make delivery ten weeks later than the shipment stipulated in the contract, the Buyer shall have the right to cancel the contract. The Seller, in spite of the cancellation, shall still pay the aforesaid penalty to the Buyer without delay.


17. Arbitration


All deputes in connection with this contract or the execution thereof shall be settled through friendly consultations. Should no settlement be reached, the case may then be submitted for arbitration to the Foreign Economic and Trade Arbitration Commission of the CCPIT in accordance with the rules and procedures of the said Arbitration Commission. The arbitration shall take place in 15 (fifteen) days. The decision of the Arbitration Commission shall be final and binding on both Parties. The arbitration fee shall be borne by the losing Party. The arbitration may also be settled in a third country mutually agreed upon by both Parties.


18. Special provisions


In witness thereof, this contract is signed by both Parties in two original copies; each Party shall keep one copy.


The Buyer: Zhonghua International Technology Corporation


The Seller: Field Emission Corp.




  • 文章网址:  http://www.am22.com/changshi/minfa/minfachangshi/645383.html
  • 文章来源:  英文商业合同模板
  • 上一篇:货物运输协议书 下一篇:个人房屋租赁合同范本标准版