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1、般货物进口合同（英文版）Contract No:Date:Contract No:Date:The Buyer:The Seller:TheContract, made out, in Chinese and English, both version being equally authentic, by and between the Seller and the Buyer whereby the Seller agrees to sell and the Buyer agrees to buy theundermentioned goods subject to terms and c
2、onditions set forthhereinafter as follows:1 Name2 Country of Origin & Manufacturer charges included) 4 Quantity (seaworthy) 7 Insurance (to be otherwise) 8 Time of Shipment Port of Destination mark shownof Commodity and specification3 Unit Price (packing5 Total Value 6 Packing covered by the Buyer u
3、nless9 Port of Loading 10 as below in addition to theport of destination, package measurements and other marks or marked conspicuously withnumber, gross and net weights, as the Buyer may require stencilledfastpackage. In the case of dangerous Seller is obliged to take care to generally adopted symbo
4、l shall beand unfailing pigments on each and/or poisonous cargo(es), the ensure that the nature and the marked conspicuously on eachpackage. .12 Terms of Payment:One month prior to the timeof shipment the Buyer shall open with theBank of an irrevocable Letter of Credit in favour of the Seller payabl
5、e 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 till the 15th day after shipment. 13 Other Terms:Unless otherwise ag
6、reed and accepted by theBuyer, all other matters related to this contract shall be governed by Section II, the Terms of Delivery which shall form an integral part of this Contract. Any supplementary terms and conditions that may be attached to this Contract shall automatically prevail over the terms
7、 and conditions of this Contract if such supplementary terms and conditions come inconflict with terms and conditions herein and shall be binding upon both parties. FOR THE SELLER FOR THE BUYER SECTION 2 14 FOB/FAS TERMS 14. 1 The shipping space for the contracted goods shall be booked by the Buyer
8、or the Buyers shipping agent .14.2 Under FOB terms, the Seller shall undertaketo 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 Contract. 14. 3 Under FAS terms, the Seller shall und
9、ertake 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 shall inform the Seller by cable or telex
10、 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 in time the Buyer of the result thereof. Shou
11、ld, for certain reasons, it become 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 shipping agent shall advise the Seller t
12、o 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 by the Buyer, after its arrival at the p
13、ort of shipment the Seller shall be fully liable to the Buyer and responsible for all losses and expenses such as dead freight, demurrage. Consequential losses incurred upon and/or suffered by the Buyer. 14. 6 Should the vessel be withdrawn or replaced or delayed eventually or the cargo be shut out
14、etc., and the Seller be not informed in good time tostop 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 the date of the arrival of the
15、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 Majeure. However, the Seller sh
16、all still undertake to load the cargo immediately upon the carrying vesseT s 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 vouchers after the Buyers verification. 15 C&F Terms 15.1 The Seller sh
17、all 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 China port. Transhipment on route is not allowed without the Buyers prior consent. The goods shall not be carried by vessels flying flags of countries not acceptable t
18、o the Port Authorities of China. 15. 2 The carrying vessel chartered 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 chartering such vessel. The Buyer is justified in not accepting vesse
19、ls chartered by the Seller that are not members of the PICLUB. 15. 3 The carrying vessel chartered 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 c
20、hartered 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 1,000 M/T each, or any otherlots less t
21、han 1,000 metric tons but identified by the Buyer, theSeller 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 commodity, quantity, the name of the carrying vessel, the age, nationality, and partic
22、ulars of the carrying 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 1,000 M/T each, or any other lots less than 1,000 metric tons but identified by the Buyer, the Master of th
23、e carrying vessel shall notify 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 commodity, and quantity. 15. 7 If goods are to be sh
24、ipped per liner vessel under liner Bill of 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 maximum age of the vessel shall
25、 not exceed 20 years at the date of loading. The 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 pr
26、ior consent of the Buyer, a compensation of a certain amount to be agreed upon by both parties shall be payable to the Buyer by the Seller. 15.9 The Seller shall maintain close contact with the carrying vessel and shall notify the Buyer by fastest means of communication about any and all accidents t
27、hat may occur while the carrying vessel is on route. The Seller shall assume full responsibility and shall compensate the Buyer forall losses incurred for its failure to give timely advice or notification to the Buyer. 16 CIF Terms:Under CIF terms,besides Clause 15 C&F Terms of this contract which s
28、hall be applied the Seller shall be responsible for covering the cargowith relevant insurance with irrespective percentage. 17 Advice of Shipment:Within 48 hours immediately aftercompletion of loading of goods on board the vessel the Seller shall advise the Buyer by cable or telex of the contract nu
29、mber, the name of goods, weight (net/gross) or quantity 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
30、 advice of shipment by cable or telex, the Seller shall be held responsible for any and all damages and/or losses attributable to such failure. 18 Shipping Documents 18.A The Seller shall present the following documents to the paying bank for negotiation of payment:18.A.1 Full set of clean on board,
31、 “freight prepaid for C&F/CIF Terms or Freight to collect for FOB/FAS Terms, Ocean Bills of Lading, made out to order and blank endorsed, notifyingat the port of destination. 18. A. 2 Five copies of signed invoice, indicating contract number, L/C number, name of commodity, full specifications, and s
32、hipping mark, signed and issued by the Beneficiary of Letter of Credit. 18. A. 3 Two copies of packing list and/or weight memo with indication of gross and net weight of each package and/or measurements issued by beneficiary of Letter of Credit. 18. A. 4 Two copies each of the certificates of qualit
33、y and quantity or weight issued by the manufacturer and/or a qualified independent surveyor at the loading port and must indicate full specifications of goods conforming to stipulations in Letter of Credit. 18.A.5 One duplicate copy of the cable or telex advice of shipment as stipulated in Clause 17
34、 of the Terms of Delivery. 18. A. 6 A letter attesting that extra copies of abovementioned documents have been dispatched according to the Contract. 18. A. 7 A letter attesting that the nationality of the carrying vessel has been approved by the Buyer. 18.A.8 The relevant insurancepolicy covering, b
35、ut not limited to at least 110% of the invoice value against all and war risks if the insurance is covered by the Buyer. 18.B Any original document (s) made by rephotographic system, automated or computerized system or carbon copies shall not be acceptable unless they are clearly marked as ORIGINAL.
36、 and certified with signatures in hand writing by authorised officers of the issuing company 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 appointed by the Beneficiary as shipper shall not be acceptable unless
37、 such 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 In the case of C&F/CIF shipments, Charter Party Bill of
38、Lading shall not be acceptable unless Beneficiary provides one copy each of the Charter 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 dispatch, in care of the carrying vessel, tw
39、o copies each of the duplicates of Bill of Lading. Invoice and Packing List to the Buyers receiving agent, at the port of destination. 18. H Immediatelyafter the departure of the carrying vessel, the Seller shall airmail one set of the duplicate documents to the Buyer and three sets of the same to T
40、ransportation Corporation at the port of destination. 18. I The Seller shall assume full responsibility and be liable to the Buyer and shall compensate the Buyer for all losses arising from going astray of and/or the delay in the dispatch of the above mentioned documents. 18. J Banking charges outsi
41、de the Peoples Republic of China shall be for the Sellers account. 19 If the goods under this Contract are to be dispatched by air, all the terms and conditions of this Contract in connection with oceantransportation shall be governed by relevant air terms. 20 Instruction leaflets on dangerous cargo
42、: 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 firstair measures and measures against fire. The Seller shall airmail, together with other sh
43、ipping documents, three copies each of the same to the Buyer and TransportationCorporation at the port of destination. 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 upon reinspection by the China Comm
44、odity Import and Export inspection Bureau within 60 days after completion of the discharge of the goods at the port of destination or, if goods are shipped in containers, 60 days after the opening of such containers, the Buyer shall have the right to request the Seller to take back the goods or lodg
45、e claims against the Seller for compensation for losses upon the strength of the Inspection Certificate issued by the said Bureau, with the exception of those claims for which theinsurers or owners of the carrying vessel are liable, all expenses including but not limited to inspection fees, interest
46、, losses arising from the return of the goods or claims shall be borne by the Seller. In such 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 such sample is feasible.22 Damages:With the exception of late delivery or
47、non-delivery due to Force Majeurezz causes, if the Seller fails to make delivery of the goods in accordance with the terms and conditions, jointly or severally, of this Contract, the Seller shall be liable to the Buyer and indemnify the Buyer for all losses, damages, including but not limited to, pu
48、rchase price and/or purchase price differentials, deadfreight, demurrage, and all consequential direct or indirect losses. The Buyer shall nevertheless have the right to cancel inpart or in whole of the contract without prejudice to the Buyer5 s right to claim compensations. 23 Force Majeure:Neither
49、the Seller or the Buyer shall be held responsible for late delivery or non-delivery owing to generally recognized Force Majeure/Z causes. However in such a case, the Seller shall immediately advise by cable or telex the Buyer of the accident and airmail to the Buyer within 15 days after the accident, a certificate of the accident issued by the competent government authority or the chamber of commerce which is located at the place where the accident occurs as evidence thereof. If the said Force Majeure/Z cause l