茲買賣雙方同意成交下列商品訂立條款如下:
The undersigned Sellers and Buyers have agreed to close the following
transactions according to the terms and conditions stipulated below:
1.貨物名稱及規格
Name of Commodity and Specification |
2.
數量
Quantity |
3.
單價
Unit Price |
4.金額
Amount |
5.總值
Total Value |
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|
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數量及總值均得有 %的增減,由賣方決定。
With % more or less both in amount and quantity allowed at the
Seller's option.
6. 包裝:
Packing:
7.裝運期限 : □ 收到可以轉船及分批裝運之信用證 天內裝 出。
Time of Shipment: □ Within days after receipt of L/C allowing
transhipment and partial shipment.
8. 裝運口岸:
Port of Loading:
9. 目的港:
Port of Destination:
10.付款條件: □ 開給我方100%不可撤銷即期付款及可轉讓可分割之信用證,并須注明可在上述裝運日期后15天內在中國議付有效。
Terms of Payment: □ By 100% confirmed, Irrevocable, Transferable
and Divisible Letter of Credit to be available by sight draft
and to remain valid for negotiation in China until the 15th day
after the aforesaid Time of Shipment.
11.保險: □ 按中國保險條款,保綜合險及戰爭險(不包括罷工險)。
Insurance: □ Covering all risks and war risk only (excluding S.R.C.C.)
as per the China Insurance Clauses.
□ 由客戶自理。
□ To be effected by the buyers.
12. 裝 船 標 記:
Shipping Mark:
13. 雙方同意以裝運港中國進出口商品檢驗局簽發的品質的數量(重量)檢驗證書作為信用證項下議付所提出單據的一部分。買方有權對貨物的品質和數量(重量)進行復驗,復驗費由買方負擔。如發現品質或數量(重量)與合同不符,買方有權向賣方索賠。但須提供經賣方同意的公證機構出具之檢驗報告。
It is mutually agreed that the Inspection Certificate of Quality
(Weight) issued by the China Import and Export Commodity Ispection
Bureau at the port of shipment shall be part of the documents
to be presented for negotiation under the relevant L/C. The buyers
shall have the right to reinspect the Quality and Quality (Weight)
of the cargo. The
reinspection fee shall be borne by the Buyers. Should the Quality
and/or Quantity (Weight) be found not in conformity with that
of the contract, the Buyers are entitled to lodge with the Sellers
a claim which should be supported by survey reports issued by
a recognized Surveyer approved by the Sellers.
14. 備注
REMARKS:
(1) 買方須于 年 月 日前開到本批交易的信用證(或通知售方進口許可證號碼),否則,售方有權不 經通知取消本確認書,或接受買方對本約未執行的全部或一部,或對因此遭受的損失提出索賠。
The buyers shall have the covering Letter of Credit reach the
Sellers (or notify the Import. License Number)before ________
otherwise the Sellers reserve the right to rescind without further
notice or to accept whole or any part of this Sales Confirmation
not fulfilled by the Buyers, or to lodge a claim for lossees this
sustained of any.
(2) 凡以CIF條件成交的業務,保額為發票的110%, 投保險別以本售貨確認書中所開列的為限,買方要求增加保額或保險范圍,應于裝船前經售方同意,因此而增加的保險費由買方負責。
For transactions concluded on C.I.F.basis it is undrstood that
the insurance amount will be for 110% of the invoice value against
the risks specified in the Sales Confirmation. If additional Insurance
amount of coverage is required, the buyers must have the consent
of the Sellers before Shipment and the additional premium is to
be borne by the buyers.
(3) 品質數量異議:如買方提出索賠,凡屬品質異議須于貨到目的口岸之日起3個月內提出,凡屬數量異議須于貨到目的口岸之日起15在內提出,對所裝運物所提任何異議屬于保險公司、輪船公司及其他有關運輸機構或郵遞機構所負責者,售方不負任何責任。
QUATLITY/QUANTITY DISCREPANCY: In case of quality discrepancey,
claim should be filed by the Buyers within 3 months after the
arrival of the goods at port of destination, while of quantity
discrepancy, claim should be filed by the Buyers within 15 days
after the arrival of the goods at port of destination. It is understood
that the Sellers shall not be liable for any discrepancy of the
goods shipped due to causes for which the Insurance Company, Shipping
company, other transportation, organization/or Post Office are
liable.
(4) 本確認書所述全部或部分商品,如因人力不可抗拒的原因,以致不能履約或延遲交貨,售方概不負責。
The Sellers shall not be held liable for failure or delay in delivery
of the entire lot or a portion of the goods under this Sales Confirmation
on consequence of any Force Majeure incidents.
(5) 買方開給售方的信用證上請填注本確認書號碼。
The buyers are requested always to quote THE NUMBER OF THIS SALES
CONFIRMATION in the Letter of Credit to be opened in favour of
the Sellers.
(6) 仲裁: 凡因執行本合同或與本合同有關事項所發生的一切爭執, 應由雙方通過友好的方式協商解決。
如果不能取得協議時,則在被告國家根據被告仲裁機構的仲裁程序規則進行仲裁。仲裁決定是終局的,對雙方具有同等約束力。仲裁費用除非仲裁機構另有決定外,均由敗訴一方負擔。
Arbitration: All disputes in connection with this Contract or
the execution thereof shall be settled by negotiation between
two parties. If no settlement can be reached, the case in dispute
shall then be submitted for arbitration in the country of defendant
in accordance with the arbitration regulations of the arbitration
organization of the defendant country. The decision made by the
arbitration organization shall be taken as final and binding upon
both parties. The arbitratio expenses shall be borne by the losing
party unless otherwise awarded by the arbitration organization.
(7) 買方收到本售貨確認書后立即簽回一份,如買方對本確認書有異議,應于收到后5天內提出,否則認為買方已同意本確認書所規定的各項條款。
The Buyers are requested to sign and return one copy of this Sales
Confirmation immediately after receipt of the same. Objection,
if any, should be raise by the Buyers within five days after the
receipt of this Sales Confirmation, in the absence of which it
is understood that the Buyers have accepted the terms and conditions
of the Sales Confirmation.
賣 方 買 方
THE SELLERS THE BUYERS |