英文進(jìn)口合同實例

Import Contract

The Buyers:

The Sellers:

This Contract is made by and between the Buyers and the Sellers, whereby the Buyers agree to buy and the Sellers agree to sell the undermentioned commodity according to the terms and conditions stipulated below:

1. Commodity, specifications, quantity and unit price:

2. Total amount:

3. Country of origin and manufacturers:

4. Packing

To be packed in strong wooden cases suitable for long-distance ocean transportation and well protected against dampness, moisture, shock and rust. The Sellers shall be liable for any rust, damage and loss attributable to inadequate or improper protective measures taken by the Sellers in regard to the packing.

5. Time of shipment:

6. Port of shipment:

7. Port of Destination:

8. Terms of payment:

One month prior to the time of shipment the Buyer shall open with the bank of________an irrevocable letter of credit in favor of the Seller payable at the issuing bank against presentation of documents as stipulated under clause 9, the terms of delivery of this contract, after departure of the carrying vessel. The said letter of credit shall remain in force till the 15th day after shipment.

9. Documents

The Seller shall present the following documents to the paying bank for negotiation:

(1) Full set of clean on board Ocean/Combined Transportation/Land Bills of Lading and blank endorsed marked freight prepaid/to collect;

(2) ________copies of Packing List with indication of shipping weight, number and date of the corresponding invoice;

(3) Packing list/weight memo in________copies issued by________;

(4) Certificate of Quality in________copies issued by________;

(5) Certificate of Quantity in________copies issued by________;

(6) A copy of cable to the Buyers, advising the Buyers of the shipment immediately after it has been made.

10. Quality Guarantee

The Sellers shall guarantee that the commodity is made of best materials with first-class workmanship, brand-new and unused and complies in all respects with the quality, specifications and performance as stipulated in this Contract. The Sellers shall guarantee that the goods, when correctly mounted and properly operated and maintained, shall perform satisfactorily for a period of________months beginning from the date on which the commodity arrives at the port of destination.

11. Inspection

The manufacturers shall, before delivery, make a precise and comprehensive inspection of the goods with regard to its quality, specifications, performance and quantity/weight, and issue inspection certificates certifying the technical data and conclusion of the inspection. After arrival of the goods at the port of destination, the Buyer shall apply to China Commodity Inspection Bureau (hereinafter referred to as CCIB) for a further inspection as to the specifications and quantity/weight of the goods. If damages of the goods are found, or the specifications and/or quantity are not in conformity with the stipulations in this Contract, except when the responsibilities lie with Insurance Company or Shipping Company, the Buyer shall, within________days after arrival of the goods at the port of destination, claim against the Seller, or reject the goods according to the inspection certificate issued by CCIB. In case of damage of the goods incurred due to the design or manufacture defects and/or in case the quality and performance are not in conformity with the Contract, the Buyer shall, during the guarantee period, request CCIB to make a survey.

12. Claims:

The buyer shall make a claim against the Seller (including replacement of the goods) by the further inspection certificate and all the expenses incurred therefrom shall be borne by the Seller. The claims mentioned above shall be regarded as being accepted if the Seller fails to reply within two weeks after the Seller receives the Buyer's claim.

13. Force Majeure:

The Seller shall not be responsible for the delay of 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 or transit. The Seller shall advise the Buyer immediately of the occurrence mentioned above and within 14 days thereafter, the Seller shall send by airmail to the Buyers a certificate of the accident issued by the local competent government authorities as evidence thereof. Under such circumstances the Seller, however, is still under the obligation to take all necessary measures to hasten the delivery of the goods. In case the accident lasts for more than 100 days, the Buyer shall have the right to cancel the Contract.

14. Late delivery and Penalty

Should the Seller fail to make delivery on time as stipulated in the Contract, with the exception of Force Majeure causes specified in Clause 13 of this Contract, the Buyer shall agree to postpone the delivery on the condition that the Seller agrees to pay a penalty which shall be deducted by the paying bank from the payment under negotiation. The rate of penalty is charged at________% for every________days, odd days less than________days should be counted as________days. But the penalty, however, shall not exceed________% of the total value of the goods involved in the delayed delivery. In case the Seller fails to make delivery________days later than the time of shipment stipulated in the Contract, the Buyer shall have the right to cancel the Contract and the Seller, in spite of the cancellation, shall nevertheless pay the aforesaid penalty to the Buyer without delay. The Buyer shall have the right to lodge a claim against the Seller for the losses sustained if any.

15. Additional Clause:

Conflicts between Contract clause here above and this additional clause, if any, are subject to this additional clause.

16. Original Text

This Contract is executed in two counterparts each in Chinese and English, each of which shall deem equally authentic. The Contract is in two originals, one of which is held by each party, effective since being signed (sealed) by both parties.

Buyer:________________

(Authorized signature):________________

Seller:________________

(Authorized signature):________________