 #2 (permalink) Thu Oct 09, 2008 9:54 am Amend my text: This Contract is made between the BUYER and the SELLER whereby... |
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Hi,
I've made some changes in CAPITAL letters:
SALES CONTRACT
The SELLER: _____________________ The BUYER:_______________________
This Contract is made between the BUYER and the SELLER whereby the BUYER agreeS to buy and the SELLER agreeS to sell the under mentioned commodity according to the terms and conditions stipulated below:
1. COMMODITY or SPECIFICATION: Container Hotel produced by Drawing confirmed by the SELLER and BUYER, please refer TO the Project Drawing for more details.
2. Price Unit Price:_____________ TOTAL AMOUNT:__________________
2.1. this price term is subject to EXW, exclude the foundation building, final installation charge, hotel interior ornament instruction, the charge will be 3% of the contract amount if installation instruction IS NEEDED at destination, 2% of the contract amount if interior ornament instruction NEEDED
2.2. this contract excludeS the movable furniture and electrical appliance.
3. Terms of Payment: T/T payment by three times (3x).
3.1. 50% must be paid upon PLACING order.
3.2. 40% must be paid after 21-28 days of production.
3.3. 10% balance shall be paid after inspection.
4. Delivery Date: within 60 days from the day of receiving the deposit. The BUYER must inspect the product’s specifications and confirm it.
5. SELLER’s Obligation:
5.1. Packing and Transportation
The supplier needS to use plywood and waterproof-canvas, marked with “upside” and “fragile goods” and make sure that the packing is suitable for sea shipping for a long time,
5.2. Raw-materials and Configuration
All the materials and inside configuration, please refer TO the materials attachment and photos instructions.
5.3. Technical Document
Full set of Technical documents (English version) would be sent with goods together.
A. Foundation design
B. Connection Manuals
C. Installation Instruction for Water and Electricity
D. Spare Parts List
E. Manual and CD-ROM Installation and how-to-use Manual
5.4. Quality Guarantee:
The SELLER must guarantee that the materials are IN accordance with the contract for the quality, specification and function.
5.5. Late Delivery and Penalty
In case the SELLER fails to make delivery on time as stipulated in the contract with THE exception of Force Majeure Clauses specified, the BUYER must agree to postpone the delivery on condition and the SELLER will pay A penalty which shall be deducted on the third payment. The penalty however, shall not exceed five percent (5%) per day of the total value of goods, the BUYER cannot be cancelled the order at the delivery delay condition.
5.6. After sales
The BUYER will use the PRODUCT properly without any deliberate damage and force majeure clause, the SELLER has A duty to provide the product maintenance service for the main frame of the PRODUCT with no charge within one year quality-guarantee period
5.7. Installation
The SELLER provides free installation service.
6. Buyer’s Obligations
6.1 The BUYER needS to check the manual carefully. The BUYER will be accountable for any delivery delay and additional cost INcurred if the BUYER HAS changed the contract after confirming it.
6.2. Payment Schedule
The BUYER needS to strictly implement the payment according to the Contract.
6.3. Installation training
If the BUYER needs the SELLER to provide AN installation engineer, the BUYER will pay three percent (3%) as AN additional charge for the total amount. The BUYER must inform the SELLER within 30 days in advance, in order to arrange the Technician’s visa; the BUYER also can send workers to learn the proper installation technique in the Seller’s factory.
6.4. Goods Inspection and Installation Training.
After 45 days of production, the BUYER will come to inspect the PRODUCT. And after receiving the notice from the SELLER, the BUYER also can authorize the third party quality inspection institute, the BUYER bearS the inspection charge, and arrangeS the workers to learn the installation in THE SELLER’s factory.
6.5. Payment Delay and Penalty
If the BUYER failS to arrange the second payment according to the Contract, the BUYER must pay A penalty OF five percent (5%) of the total amount based in the Contact per day after 10 days overdue, THE SELLER will REQUIRE the BUYER to give up the goods if the payment is delayED within 40 days, the SELLER reserveS the right to dispose OF the product or resell to the third party without returning the BUYER’s deposit.
6.6. Insurance
This price is EXW price, the BUYER will BE accountable for the WHOLE charge of transportation and insurance outside the factory.
7. Force Majeure Clause
The SELLER shall not be responsible for the delay 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, thereafter, the SELLER will send a certificate of the accident to a BUYER by Telex, issued by the competent Government Authorities Chamber of Commerce as evidence, Force Majeure including war, revolt, strike, politicAL violence, fire, flood and all naturAL CAUSES which cannot be controlled by MAN.
8. Arbitration
All disputes in connection with this contract or the execution thereof shall be settled IN A friendly MANNER through negotiations. If it cannot be settled,THE case shall be submitted to the Arbitrator of China International Economic and Trade Arbitration Commission, the arbitration is the final ONE which has THE same sanction for BOTH SELLER and BUYER, the loser will bear the arbitration charge if without any arbitration from China International Economic and Trade Arbitration Commission.
9. Bank Account
SELLER’s Bank Account
Bank Name:
Bank Address:
Bank Account:
BUYER’s Bank Account.
Bank Name:
Bank Address:
Bank Account:
10, this contract is signed at_______________________________ date____ month________ year_____ by English version, two pieces original contracts, SELLE and BUYER keep one original contract.
SELLER:__________________________ BUYER: _________________________
Address: Address:
Tel No: Tel No:
Owner: Owner:
Alan
_________________
English as a Second Language
You can read my ESL story A day in the life of a policeman |
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Alan
Co-founder
Joined: 27 Sep 2003
Posts: 9119
Location: UK
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Novy
