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1、一般货物进口合同格式附英文一般货物进口合同格式附英文 合同码:签约日:买方:卖方:本合同由买卖双方缔结用中、英文字写成两种文体具有同等效力按照下述条款卖方同意售出买方同意购进以下商品:章名 第一部1.商品名称及规格2.消费国别及制造厂商3.单价包装费用包括在内4.数量5.总值6.包装合适海洋运输7.除非另有协议均由买方负责8.装船时间9.装运口岸10.目的口岸11.装运唛头卖方负责在每件货物上用结实的不褪色的颜料明显地刷印或标明下述唛头以及目的口岸、件、毛重和净重、尺码和其它买方要求的标记。如系危险及或有货物卖方负责保证在每件货物上明显地标明货物的性质说明及习惯上被承受的标记。12.付款条件:
2、买方于货物装船时间前一个月通过银行开出以卖方为抬头的不可撤销信誉证卖方在货物装船启运后凭本合同交货条款8条A款所列单据在开证银行议付贷款。上述信誉证有效将在装船后15天截止。13.其它条件:除非经买方同意和承受本合同其它一切有关事项均按第二部交货条款之规定该交货条款为本合同不可分的部本合同如有任何附加条款将自动地优先执行附加条款如附加条款与本合同条款有抵触那么以附加条款为准。章名 第二部章名 14.FOBFAS条件章名 15.CF条件章名 16.CIF条件在CIF条件下除本合同5条CF条件适用之外卖方负责货物的但不允许有免。章名 17.装船货物装船完毕后48小时内卖方应即以电报或电传买方合同、
3、商品名称、所装重量毛净或数量、价值、船名、装运口岸、开船日及预计到达目的港时间。如因卖方未及时用电报或电传给买方以上述装船而使买方不能及时卖方负责赔偿买方由此而引起的一切损害及或损失。章名 18.装船单据“运费已付如系FOBFAS条款那么注明“运费待收。“正本字样并经发证受权的指导人手签证明。章名 19.合同所订货物如用空运那么本合同有关海运的一切条款均按空运条款执行。章名 20.危险品说明书凡属危险品及或有卖方必须提供其危险或有性能、运输、仓储和装卸考前须知以及防治、急救、消防的说明书卖方应将此项说明书各三份伴随其他装船单据航空邮寄给买方及目的口岸的运输。章名 21.检验和索赔货物在目的口岸
4、卸毕60天内假如用集装箱装运那么在开箱后60天经中国进出口商品检验复验如发现品质、数量或重量以及其它任何方面与本合同规定不符除属于或船行负责者外买方有权凭上述检验出具的检验证书向卖方提出退货或索赔。因退货或索赔引起的一切费用包括检验费、利息及损失均由卖方负担。在此情况下凡货物适于抽样及寄送时如卖方要求买方可将样品寄交卖方。章名 22.赔偿费因“人力不可抗拒而推延或不能交货者除一般货物进口合同格式附英文外假如卖方不能交货或不能按合同规定的条件交货卖方应负责向买方赔偿由此而引起的一切损失和遭受的损害包括买价及或买价的差价、空舱费、滞费以及由此而引起的直接或间接损失。买方有权撤销全部或部合同但并不阻
5、碍买方向卖方提出索赔的权利。章名 23.赔偿例外由于一般公认的“人力不可抗拒原因此不能交货或延迟交货卖方或买方都不负责任。但卖方应在事故发生后立即用电报或电传告买方并在事故发生后15天内航空邮寄买方灾害发生地点之有关或商会所出具的证明证实灾害存在。假如上述“人力不可抗拒继续存在60天以上买方有权撤销合同的全部或一部。章名 24.仲裁双方同意对一切因执行和解释本合同条款所发生的争议努力通过友好协商解决。在争议发生之日起一个合理的时间内最多不超过90天协商不能获得对买卖双方都满意的结果时如买方不向他认为适宜的有辖权的提出诉讼那么该争议应提交仲裁。除双方另有协议仲裁应在中国北京举行并按中国国际贸易促
6、进会对外贸易仲裁会所制订的仲裁规那么和程序进展仲裁该仲裁为终裁决对双方均有约束力。仲裁费用除非另有由败诉一方负担。 卖方: 买方: 英文:名称 1. PURASE CONTRACT题注章名 Whole Doc.Contract No:Date:The Buyer:The Seller:The Contract made out in inese and English both version beingequally authentic by and between the Seller and the Buyer whereby theSeller agrees to sell and t
7、he Buyer agrees to buy the undermentioned goodssubject to terms and conditions set forth hereinafter as follows:章名 SECTION 11 Name of modity and specification2 Country of Origin Manufacturer3 Unit Price packing arges included4 Quantity5 Total Value6 Packing seaworthy7 Insurance to be covered by the
8、Buyer unless otherwise8 Time of Shipment9 Port of Loading10 Port of Destination mark shown as below in addition to the port of destination package number gross and net weights measurements and other marks as the Buyer may require stencilled or marked conspicuously with fast and unfailing pigments on
9、 ea package. In the case of dangerous and/or poisonous cargo es the Seller is obliged to take care to ensure that the nature and the generally adopted symbol shall be marked conspicuously on ea package.12 Terms of Payment: One month prior to the time of shipment the Buyer shall open with the Bank of
10、 _an irrevocable Letter of Credit in favour of the Seller payable at the issuing bank against presentation of documents as stipulated under Clause 18. A. of SECTION II the Terms of Delivery of this Contract after departure of the carrying vessel. The said Letter of Credit shall remain in force til t
11、he 15th day after shipment.13 Other Terms: Unless otherwise agreed and accepted by the Buyer all other matters related to this contract shall be governed by Section II the Terms of Delivery whi shall form an integral part of this Contract. Any splementary terms and conditions that may be attaed to t
12、his Contract shall automatically prevail over the terms and conditions of this Contract if su splementary terms and conditions e in conflict with terms and conditions herein and shall be binding on both parties.FOR THE SELLER FOR THE BUYER章名 SECTION 2章名 14 FOB/FAS TERMS14.1 The shipping space for th
13、e contracted goods shall be booked by the Buyer or the Buyers shipping agent _.14.2 Under FOB terms the Seller shall undertake to load the contracted goods on board the vessel nominated by the Buyer on any date notified by the Buyer within the time of shipment as stipulated in Clause 8 of this Contr
14、act.14.3 Under FAS terms the Seller shall undertake to deliver the contracted goods under the tackle of the vessel nominated by the Buyer on any date notified by the Buyer within the time of shipment as stipulated in Clause 8 of this Contract.14.4 10-15 days prior to the date of shipment the Buyer s
15、hall inform the Seller by cable or telex of the contract number name of vessel ETA of vessel quantity to be loaded and the name of shipping agent so as to enable the Seller to contact the shipping agent direct and arrange the shipment of the goods. The Seller shall advise by cable or telex一般货物进口合同格式
16、附英文in time the Buyer of the result thereof. Should for certain reasons it bee necessary for the Buyer to replace the named vessel with another one or should the named vessel arrive at the port of shipment earlier or later than the date of arrival as previously notified to the Seller the Buyer or its
17、 shipping agent shall advise the Seller to this effect in due time. The Seller shall also keep in close contact with the agent or the Buyer.14.5 Should the Seller fail to load the goods on board or to deliver the goods under the tackle of the vessel booked by the Buyer. Within the time as notified b
18、y the Buyer after its arrival at the port of shipment the Seller shall be fully liable to the Buyer and responsible for all losses and expenses su as dead freight demurrage. Consequential losses incurred on and/or suffered by the Buyer.14.6 Should the vessel be withdrawn or replaced or delayed event
19、ually or the cargo be shut out etc. and the Seller be not informed in good time to stop delivery of the cargo the calculation of the loss in storage expenses and insurance premium thus sustained at the loading port shall be based on the loading date notified by the agent to the Seller or based on th
20、e date of the arrival of the cargo at the loading port in case the cargo should arrive there later than the notified loading date。 The abovementioned loss to be calculated from the 16th day after expiry of the free storage time at the port should be borne by the Buyer with the exception of Force Maj
21、eure. However the Seller shall still undertake to load the cargo immediately on the carrying vessels arrival at the loading port at its own risk and expenses. The payment of the afore-said expenses shall be effected against presentation of the original vouers after the Buyers verification.章名 15 CF T
22、erms15.1 The Seller shall ship the goods within the time as stipulated in clause 8 of this Contract by a direct vessel sailing from the port of loading to ina port. Transhipment on route is not allowed without the Buyers prior consent. The goods shall not be carried by vessels flying flags of countr
23、ies not acceptable to the Port Authorities of ina.15.2 The carrying vessel artered by the Seller shall be seaworthy and cargoworthy. The Seller shall be obliged to act prudently and conscientiously when selecting the vessel and the carrier when artering su vessel. The Buyer is justified in not accep
24、ting vessels artered by the Seller that are not members of the PICLUB.15.3 The carrying vessel artered by the Seller shall sail and arrive at the port of destination within the normal and reasonable period of time. Any unreasonable aviation or delay is not allowed.15.4 The age of the carrying vessel
25、 artered by the Seller shall not exceed 15 years. In case her age exceeds 15 years the extra average insurance premium thus incurred shall be borne by the Seller. Vessel over 20 years of age shall in no event be acceptable to the Buyer.15.5 For cargo lots over 1000 M/T ea or any other lots less than
26、 1000 metric tons but identified by the Buyer the Seller shall at least 10 days prior to the date of shipment inform the Buyer by telex or cable of the following information: the contract number the name of modity quantity the name of the carrying vessel the age nationality and particulars of the ca
27、rrying vessel the expected date of loading the expected time of arrival at the port of destination the name telex and cable address of the carrier.15.6 For cargo lots over 1000 M/T ea or any other lots less than 1000 metric tons but identified by the Buyer the Master of the carrying vessel shall not
28、ify the Buyer respectively 7 seven days and 24 twenty-four hours prior to the arrival of the vessel at the port of destination by telex or cable about its ETA expected time of arrival contract number the name of modity and quantity.15.7 If goods are to be shipped per liner vessel under liner Bill of
29、 Lading the carrying vessel must be classified as the highest _ or equivalent class as per the Institute Classification Clause and shall be so maintained throughout the duration of the relevant Bill of Lading. Nevertheless the um age of the vessel shall not exceed 20 years at the date of loading. Th
30、e seller shall bear the average insurance premium for liner vessel older than 20 years. Under no circum -stances shall the Buyer accept vessel over 25 years of age.15.8 For break bulk cargoes if goods are shipped in containers by the Seller without prior consent of the Buyer a pensation of a certain
31、 amount to be agreed on by both parties shall be payable to the Buyer by the Seller.15.9 The Seller s一般货物进口合同格式附英文hall maintain close contact with the carrying vessel and shall notify the Buyer by fastest means of munication about any and all accidents that may occur while the carrying vessel is on
32、route. The Seller shall assume full responsibility and shall pensate the Buyer for all losses incurred for its failure to give timely advice or notification to the Buyer.章名 16 CIF Terms:Under CIF terms besides Clause 15 CF Terms of this contract whi shall be applied the Seller shall be responsible f
33、or covering the cargo with relevant insurance with irrespective percentage.章名 17 Advice of Shipment:Within 48 hours immediately after pletion of loading of goods on board the vessel the Seller shall advise the Buyer by cable or telex of the contract number the name of goods weight net/gross or quant
34、ity loaded invoice value name of vessel port of loading sailing date and expected time of arrival ETA at the port of destination. Should the Buyer be unable to arrange insurance in time owing to the Sellers failure to give the above mentioned advice of shipment by cable or telex the Seller shall be
35、held responsible for any and all damages and/or losses attributable to su failure.章名 18 Shipping Documents18.A The Seller shall present the following documents to the paying bank for negotiation of payment:“freight prepaid for CF/CIF Terms or “Freight to collect for FOB/FAS Terms Ocean Bills of Ladi
36、ng made out to order and blank endorsed notifying _at the port of destination.edit.18.A.7 A letter attesting that the nationality of the carrying vessel has been approved by the Buyer. by the Buyer.18.B Any original documents made by rephotographic system automated or puterized system or carbon copi
37、es shall not be acceptable unless they are clearly marked as “ORIGINAL. and certified with signatures in hand writing by authorised officers of the issuing pany or corporation.18.C Through Bill of Lading Stale Bill of Lading Short Form Bill of Lading shall not be acceptable.18.D Third Party appointe
38、d by the Beneficiary as shipper shall not be acceptable unless su Third Party Bill of Lading is made out to the order of shipper and endorsed to the Beneficiary and blank endorsed by the Beneficiary.18.E Documents issued earlier than the opening date of Letter of Credit shall not be acceptable.18.F
39、In the case of CF/CIF shipments arter Party Bill of Lading shall not be acceptable unless Beneficiary provides one copy ea of the arter Party Masters of Mates receipt shipping order and cargo or stowage plan and/or other documents called for in the Letter of Credit by the Buyer.18.G The seller shall
40、 dispat in care of the carrying vessel two copies ea of the dlicates of Bill of Lading. Invoice and Packing List to the Buyers receiving agent _at the port of destination.18.H Immediately after the departure of the carrying vessel the Seller shall airmail one set of the dlicate documents to the Buye
41、r and three sets of the same to _ Transportation Corporation at the port of destination.18.I The Seller shall assume full responsibility and be liable to the Buyer and shall pensate the Buyer for all losses arising from going astray of and/or the delay in the dispat of the above mentioned documents.
42、18.J Banking arges outside the Peoples Republic of ina shall be一般货物进口合同格式附英文 for the Sellers account.章名 19 If the goods under this Contract are to be dispated by air all the terms and conditions of this Contract in connection with ocean transportation shall be governed by relevant air terms.章名 20 In
43、struction leaflets on dangerous cargo: For dangerous and/or poisonous cargo the Seller must provide instruction leaflets stating the hazardous or poisonous properties transportation storage and handling remarks as well as precautionary and first-air measures and measures against fire. The Seller sha
44、ll airmail together with other shipping documents three copies ea of the same to the Buyer and_ Transportation Corporation at the port of destination.章名 21 Inspection claims:In case the quality quantity or weight of the goods be found not in conformity with those as stipulated in this Contract on re
45、-inspection by the ina modity Import and Export inspection Bureau within 60 days after pletion of the disarge of the goods at the port of destination or if goods are shipped in containers 60 days after the opening of su containers the Buyer shall have the right to request the Seller to take back the
46、 goods or lodge claims against the Seller for pensation for losses on the strength of the Inspection Certificate issued by the said Bureau with the exception of those claims for whi the insurers or owners of the carrying vessel are liable all expenses including but not limited to inspection fees int
47、erest losses arising from the return of the goods or claims shall be borne by the Seller. In su a case the Buyer may if so requested send a sample of the goods in question to the Seller provided that sampling and sending of su sample is feasible.章名 22 Damages:With the exception of late delivery or non-delivery due to “Force Majeure causes if the Seller fails to