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1、一般货物出口合同格式附英文“运费已付如系FOBFAS条款那么注明“人力不可抗拒而推延或不能交货者除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
2、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：名称 1. PURASE CONTRACT 题注章名 Whole Doc. Contract No：Date：The Buyer：The Seller：The Contract
3、made out in inese 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 the undermentioned goods subject to terms and conditions set forth hereinafter as follows：章名 SECTION 1 1 Name of modity and specifi
4、cation 2 Country of Origin Manufacturer 3 Unit Price packing arges included4 Quantity 5 Total Value 6 Packing seaworthy7 Insurance to be covered by the Buyer unless otherwise8 Time of Shipment 9 Port of Loading 10 Port of Destination mark shown as below in addition to the port of destination package
5、 number gross and net weights measurements and other marks as the Buyer may require stencilled or marked conspicuously with fast and unfailing pigments on ea package. In the case of一般货物出口合同格式附英文dangerous and/or poisonous cargo es the Seller is obliged to take care to ensure that the nature and the g
6、enerally 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 _an irrevocable Letter of Credit in favour of the Seller payable at the issuing bank against presentation of documents as stipulated
7、 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 agreed and accepted by the Buyer all other matters related to this cont
8、ract 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 this Contract shall automatically prevail over the terms and conditions of this Contract if su splementary terms and conditions e in
9、 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 TERMS 14.1 The shipping space for the contracted goods shall be booked by the Buyer or the Buyers shipping agent _. 14.2 Under FOB terms the Seller shall undertake
10、 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 Contract. 14.3 Under FAS terms the Seller shall undertake to deliver the contracted goods under the tackle of the vessel nominated
11、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 of the contract number name of vessel ETA of vessel quantity to be loaded and the n
12、ame 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. Should for certain reasons it bee necessary for the Buyer to replace the named vessel with a
13、nother 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 to this effect in due time. The Seller shall also keep in close contact with the agent or the Bu
14、yer. 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 port of shipment the Seller shall be fully liable to the Buyer and responsible for all losses and
15、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 eventually or the cargo be shutout etc. and the Seller be not informed in good time to stop delivery of the cargo the calculation of the lo
16、ss 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 cargo at the loading port in case the cargo should arrive there later than the notified loading date。 The
17、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 shall still undertake to load the cargo immediately on the carrying vessels arrival at the loading port at its
18、 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 Terms 15.1 The Seller shall ship the goods within the time as stipulated in clause 8 of this Contract by a direct vessel sailing from t
19、he 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 countries not acceptable to the Port Authorities of ina. 15.2 The carrying vessel artered by the Seller shall be seaworthy and cargoworthy.
20、 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 accepting vessels artered by the Seller that are not members of the PICLUB. 15.3 The carrying vessel artered by the Seller shall sail and
21、 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 artered by the Seller shall not exceed 15 years. In case her age exceeds 15 years the extr一般货物出口合同格式附英文a average insurance premiu
22、m 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 1000 metric tons but identified by the Buyer the Seller shall at least 10 days prior to the date of shipment inform
23、 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 carrying vessel the expected date of loading the expected time of arrival at the port of destination the name telex an
24、d 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 notify the Buyer respectively 7 seven days and 24 twenty-four hours prior to the arrival of the vessel at the port of
25、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 Lading the carrying vessel must be classified as the highest _ or equivalent class as per the Institute Classific
26、ation 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. The seller shall bear the average insurance premium for liner vessel older than 20 years. Under no circum -stances s
27、hall 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 amount to be agreed on by both parties shall be payable to the Buyer by the Seller. 15.9 The Seller shall mainta
28、in 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 route. The Seller shall assume full responsibility and shall pensate the Buyer for all losses incurred for its failure to giv
29、e 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 for covering the cargo with relevant insurance with irrespective percentage. 章名 17 Advice of Shipment：Within 48 hours immedia
30、tely 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 quantity loaded invoice value name of vessel port of loading sailing date and expected time of arrival ETA at the port of destin
31、ation. Should the Buyer be unable to arrange insurance in time owing to the Seller“freight prepaid for CF/CIF Terms or “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
32、of Lading shall not be一般货物出口合同格式附英文acceptable. 18.D Third Party appointed 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 earlie
33、r than the opening date of Letter of Credit shall not be acceptable. 18.F 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 docum
34、ents called for in the Letter of Credit by the Buyer. 18.G The seller shall 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
35、vessel the Seller shall airmail one set of the dlicate documents to the Buyer 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 goi
36、ng astray of and/or the delay in the dispat of the above mentioned documents. 18.J Banking arges outside the Peoples Republic of ina shall be 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 oce
37、an transportation shall be governed by relevant air terms. 章名 20 Instruction 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 precautiona
38、ry and first-air measures and measures against fire. The Seller shall 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 fou
39、nd not in conformity with those as stipulated in this Contract on re-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 t
40、he Buyer shall have the right to request the Seller to take back the 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
41、liable all expenses including but not limited to inspection fees interest 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 sampl
42、e 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 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
43、Buyer for all losses damages including but not limited to purase price and/or purase price differentials deadfreight demurrage and all consequential direct or indirect losses. The Buyer shall nevertheless have the right to cancel in part or in whole of the contract without prejudice to the Buyers ri
44、ght to claim pensations. 章名 23 Force Majeure：Neither the Seller or the Buyer shall be held responsible for late delivery or non-delivery owing to generally recognized “Force Majeurecauses. However in su a case the Seller shall immediately advise by cable or telex the Buyer of the accident and airmai
45、l to the Buyer within 15 days after the accident a certificate of the accident issued by the petent government authority or the amber of merce whi is located at the place where the accident occurs as evidence thereof. If the said “Force Majeure cause lasts over 60 days the Buyer shall have the right
46、 to cancel the whole or the undelivered part of the order for the goods as stipulated in Contract. 章名 24 Arbitration：Both parties agree to att to resolve all disputes between the parties with respect to the application or interpretation of any term hereof of transaction hereunder through amicable ne
47、gotiation. If a dispute cannot be resolved in this manner to the satisfaction of the Seller and the Buyer within a reasonable period of time um not exceeding 90 days after the date of the notification of su dispute the case under dispute shall be submitted to arbitration if the Buy一般货物出口合同格式附英文er sh
48、ould decide not to take the case to court at a place of jurisdiction that the Buyer may deem appropriate. Unless otherwise agreed on by both parties su arbitration shall be held in _ and shall be governed by the rules and procedures of arbitration stipulated by the Foreign Trade Arbitration mission of the ina Council for the Promotion of International Trade. The decision by su arbitration shall be accepted as final and binding on both parties. The arbitration fees shall be borne by the losing party unless otherwise awarded.内容总结（1）一般货物出口合同格式附英文“运费已付如系FOBFAS条款那么注明“