CONTRACT；ContractNo.；Date:TelexNo.Concluded；at：CableAddress:TheBuyer；Thiscontractismadebyandb；（1）NameofCommodity，Speci；(6）PortofLoading:（7）Port；item（8）TermsofPayment:Up；（9）Document
CONTRACT Contract No.
Telex No. Concluded at：
Cable Address: The Buyers： THE Seller：
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 goods on the terms and conditions stated below: （1） Name of Commodity ， Specifications， Country of Origin， Manufacturers， Packing Terms and Shipping Marks
（2） （3） （4） Total Amount （5） Time of Shipment Quantity Unit Price The heat number , gross % more
and net weight,
package or less number , measurement allowed
Monthly quantity should be delivered in one shipment with no partial shipment allowed and the following Shipping on each Mark shall be stenciled with unfading pigment on each package:
Contract No.
---------------------------
Port of Destination
(6） Port of Loading :
（7）Port of D item （8）Terms of Payment:
Upon receipt from the Sellers of the advice as to the time and quantity expected ready for shipment, the Buyers shall open, 20 days before shipment, with a bank in China, an irrevocable Letter of Credit in favour of the Sellers payable by the documents as stipulated in Clause(9) of this Contract. （9）Documents: To facilitate the Buyers to check up, all documents shall be made in a version identical to that used in this Contract.
B/L marked \ B. I indicating Contract No., Shipping Marks name of carrying vessel, number of the Letter of Credit and shipment number in case of partial shipments. C. Packing List and/or Weight M indicating Contract No., Shipping Marks, heat
number, gross and net weights of each package.
(10) Terms of Shipment:
Terms of CIF Delivery:
the Sellers shall undertake to ship the contracted goods from the port of loading to the port of destination on a direct liner, with no transshipment allowed.
(11)Advice of Shipment: The Sellers shall, upon completion of loading, advise the Buyers within 24 hours by telex of Contract No. ,name of commodity ,number of packages, gross and net weights, invoice value, name of vessel and loading date.
(12) Insurance: To be covered by the Buyers from the time when the goods have passed the rail of the vessel. For this purpose the Sellers shall advise the Buyers by telex of the particulars as called for in Clause(11)of this Contract. In the event of the Buyers being unable to arrange for insurance in consequence of the Sellers' failure to send the above advice, the Sellers shall be held responsible for all the losses thus sustained by the Buyers.
(13)Inspection and Claims: The Buyers shall have the right to apply to the Import and Export Commodity Inspection Bureau of the People's Republic of China (CCIB)/China Import and Export Commodity Inspection Corporation(CCIC)for inspection after discharge of the goods at the port of destination. Should
the quality and/or quantity/weight be found not in conformity with the contract or invoice or quality certificate, the Buyers shall be entitled to lodge claims with the Sellers on the basis of CCIB/CCIC's inspection certificate within 90 days after discharge of the goods at the port of destination, with the exception, however, of those claims for which the shipping company and/or the insurance company are to be held responsible. All expenses incurred on the claim including the inspection fees are to be borne by the Sellers. （14）Force Majeure:
In case of Force Majeure, the Sellers shall not be held responsible for delay in delivery or non-delivery of the goods but shall notify immediately the Buyers by telex and deliver to the Buyers by registered mail a certificate issued by government authorities or chamber of commerce as evidence thereof: If the shipment is delayed over one month as the consequence of the said Force Majeure, the Buyers shall have the right to cancel this Contract. Sellers' inability in obtaining export licence shall not be considered as Force Majeure. （15）Delayed Delivery and Penalty: Should the Sellers fail to effect delivery on time as stipulated is this Contract owing to causes other than Force Majeure as provided for in Clause (14)of this Contract, the Buyers shall have the right to cancel the relative quantity of the contract. Or, alternatively, the Sellers may, with the Buyers' consent, postpone delivery on payment of penalty to the Buyers. The Buyers may agree to grant the Sellers a grace period of 15 days. Penalty shall be charged at the rate of 1% of the total value for every 10 days,
odd days less than 10 days should be counted as 10 days, The total penalty shall be calculated from the l6th day and shall not exceed 5% of the total value of the goods involved. （16）Arbitration: All disputes in connection with this Contract or the execution thereof shall be settled by friendly negotiation. If no settlement can be reached, the case in dispute shall then be submitted for arbitration to the China International Economic and Trade Arbitration Commission in accordance with its Rules of Arbitration. The decision made by the Commission shall be accepted as final and binding upon both parties. The fees for arbitration shall be borne by the losing party unless otherwise awarded by the Commission. （17）The Contract is concluded in Chinese and English with equal authentic. （18）Additional Clause: If any of the above-mentioned Clause(s) is/are inconsistent with the following additional clause(s), the latter shall be taken as authentic.
THE BUYERS:
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　Purchase Contract 进口合同中英文_合同协议_表格/模板_应用文书。较简单也较全面Purchase Contract CONTRACT NO.: SIGNING DATE: SIGNING PLACE: 买方: Buyer: Tel... 　采购框架合同Purchase Contract_合同协议_表格/模板_实用文档。中英文版采购合同通用条款 合同编号: 采 购框架合 同 Purchase Frame Contract 需方: 地址: 供方: ... 　购货合同PURCHASE CONTRACT_合同协议_表格/模板_实用文档。购货合同(PURCHASE ...Contract for Purchase 3页 2下载券 purchase CONTRACT样本 5页 免费 ... 　中英文采购范本purchase Agreement_销售/营销_经管营销_专业资料。中英文合同、...contract clause 1.1; 3.2、货物到达现场时应随车携带以下资料:送货清单、并... 　Purchase Contract_英语学习_外语学习_教育专区。Purchase Contract (Contract No....purchase contract 笔记 113人阅读 8页 免费 Purchase Contract范本 2人阅读 17... 　purchase CONTRACT样本 5页 免费 采购合同Purchase Contr... 6页 免费 cotton ...Purchase Contract The Buyer: Address Tel: The Seller: Address Tel: Fax: ... 　10页 5财富值 purchase CONTRACT样本 5页 免费 采购合同Purchase Contrac... 6页 免费 cotton purchase contract 2页 5财富值喜欢此文档的还喜欢 ... 　采购合同contract of purchase_合同协议_表格/模板_实用文档 暂无评价|0人阅读|0次下载|举报文档采购合同contract of purchase_合同协议_表格/模板_实用文档。合同...sales contract和purchase contract是一回事吗？还是有什么不同，请指教_百度知道
sales contract和purchase contract是一回事吗？还是有什么不同，请指教
第一个是销售合同，第二个是购货合同。这两个有什么区别？懂的请赐教！
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sales contract
销售确认书 purchase contract
购货合同,购买契约
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PURCHASE CONTRACT
Contract No:Date:The Buyer:The Seller:The Contract, made out, in Chinese and English, both version bngequally authentic, by and between the Seller and the Buyer whereby theSeller agrees to sell and the Buyer agrees to buy the undermentioned goodssubject to terms and conditions set forth hernafter as follows:SECTION 11 Name of Commodity and specification2 Country of Origin & Manufacturer3 Unit Price (packing charges included)4 Quantity5 Total Value6 Packing (seaworthy)7 Insurance (to be covered by the Buyer unless otherwise)8 Time of Shipment9 Port of Loading10 Port of Destinationmark shown as below in addition to the port of destination, packagenumber, gross and net weights, measurements and other marks as the Buyermay require stencilled or marked conspicuously with fast and unfailingpigments on each package. In the case of dangerous and/or poisonous cargo(es), the Seller is obliged to take care to ensure that the nature and thegenerally adopted symbol shall be marked conspicuously on each package.12 Terms of Payment:One month prior to the time of shipment the Buyer shall open with theBank of _______an irrevocable Letter of Credit in favour of the Sellerpayable at the issuing bank against presentation of documents asstipulated under Clause 18. A. of SECTION II, the Terms of Delivery ofthis Contract after departure of the carrying vessel. The said Letter ofCredit shall remain in force till the 15th day after shipment.13 Other Terms:Unless otherwise agreed and accepted by the Buyer, all other mattersrelated to this contract shall be governed by Section II, the Terms ofDelivery which shall form an integral part of this Contract. Anysupplementary terms and conditions that may be attached to this Contractshall automatically prevail over the terms and conditions of this Contractif such supplementary terms and conditions come in conflict with terms andconditions herein and shall be binding upon both parties.FOR THE SELLER FOR THE BUYERSECTION 214 FOB/FAS TERMS14.1 The shipping space for the contracted goods shall be booked bythe Buyer or the Buyer's shipping agent __________.14.2 Under FOB terms, the Seller shall undertake to load thecontracted goods on board the vessel nominated by the Buyer on any datenotified by the Buyer, within the time of shipment as stipulated in Clause8 of this Contract.14.3 Under FAS terms, the Seller shall undertake to deliver thecontracted goods under the tackle of the vessel nominated by the Buyer onany date notified by the Buyer, within the time of shipment as stipulatedin Clause 8 of this Contract.14.4 10-15 days prior to the date of shipment, the Buyer shall informthe Seller by cable or telex of the contract number, name of vessel, ETAof vessel, quantity to be loaded and the name of shipping agent, so as toenable the Seller to contact the shipping agent direct and arrange theshipment of the goods. The Seller shall advise by cable or telex in timethe Buyer of the result thereof. Should, for certain reasons, it becomenecessary for the Buyer to replace the named vessel with another one, orshould the named vessel arrive at the port of shipment earlier or laterthan the date of arrival as previously notified to the Seller, the Buyeror 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 Buyer.14.5 Should the Seller fail to load the goods on board or to deliverthe goods under the tackle of the vessel booked by the Buyer. Within thetime as notified by the Buyer, after its arrival at the port of shipmentthe Seller shall be fully liable to the Buyer and responsible for alllosses and expenses such as dead freight, demurrage. Consequential lossesincurred upon and/or suffered by the Buyer.14.6 Should the vessel be withdrawn or replaced or delayed eventuallyor the cargo be shut out etc., and the Seller be not informed in good timeto stop delivery of the cargo, the calculation of the loss in storageexpenses and insurance premium thus sustained at the loading port shall bebased on the loading date notified by the agent to the Seller (or based onthe date of the arrival of the cargo at the loading port in case the cargoshould arrive there later than the notified loading date). Theabovementioned loss to be calculated from the 16th day after expiry of thefree storage time at the port should be borne by the Buyer with theexception of Force Majeure. However, the Seller shall still undertake toload the cargo immediately upon the carrying vessel's arrival at theloading port at its own risk and expenses. The payment of the afore-saidexpenses shall be effected against presentation of the original vouchersafter the Buyer's verification.15 C&F Terms15.1 The Seller shall ship the goods within the time as stipulated inclause 8 of this Contract by a direct vessel sailing from the port ofloading to China port. Transhipment on route is not allowed without theBuyer's prior consent. The goods shall not be carried by vessels flyingflags of countries not acceptable to the Port Authorities of China.15.2 The carrying vessel chartered by the Seller shall be seaworthyand cargoworthy. The Seller shall be obliged to act prudently andconscientiously when selecting the vessel and the carrier when charteringsuch vessel. The Buyer is justified in not accepting vessels chartered bythe Seller that are not members of the PICLUB.15.3 The carrying vessel chartered by the Seller shall sail and arriveat the port of destination within the normal and reasonable period oftime. Any unreasonable aviation or delay is not allowed.15.4 The age of the carrying vessel chartered by the Seller shall notexceed 15 years. In case her age exceeds 15 years, the extra averageinsurance premium thus incurred shall be borne by the Seller. Vessel over20 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 other lots less than1,000 metric tons but identified by the Buyer, the Seller shall, at least10 days prior to the date of shipment, inform the Buyer by telex or cableof the following information: the contract number, the name of commodity,quantity, the name of the carrying vessel, the age, nationality, andparticulars of the carrying vessel, the expected date of loading, theexpected time of arrival at the port of destination, the name, telex andcable address of the carrier.15.6 For cargo lots over 1,000 M/T each, or any other lots less than1,000 metric tons but identified by the Buyer, the Master of the carryingvessel shall notify the Buyer respectively 7 (seven) days and 24(twenty-four) hours prior to the arrival of the vessel at the port ofdestination, 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 shipped per liner vessel under liner Bill ofLading, the carrying vessel must be classified as the highest ____________or equivalent class as per the Institute Classification Clause and shallbe so maintained throughout the duration of the relevant Bill of Lading.Nevertheless, the maximum age of the vessel shall not exceed 20 years atthe date of loading. The seller shall bear the average insurance premiumfor liner vessel older than 20 years. Under no circum -stances shall theBuyer accept vessel over 25 years of age.15.8 For break bulk cargoes, if goods are shipped in containers by theSeller without prior consent of the Buyer, a compensation of a certainamount to be agreed upon by both parties shall be payable to the Buyer bythe Seller.15.9 The Seller shall maintain close contact with the carrying vesseland shall notify the Buyer by fastest means of communication about any andall accidents that may occur while the carrying vessel is on route. TheSeller shall assume full responsibility and shall compensate the Buyer forall losses incurred for its failure to give timely advice or notificationto the Buyer.16 CIF Terms:Under CIF terms, besides Clause 15 C&F Terms of this contract whichshall be applied the Seller shall be responsible for covering the cargowith relevant insurance with irrespective percentage.17 Advice of Shipment:Within 48 hours immediately after completion of loading of goods onboard the vessel the Seller shall advise the Buyer by cable or telex ofthe contract number, the name of goods, weight (net/gross) or quantityloaded, invoice value, name of vessel, port of loading, sailing date andexpected time of arrival (ETA) at the port of destination. Should theBuyer be unable to arrange insurance in time owing to the Seller's failureto give the above mentioned advice of shipment by cable or telex, theSeller shall be held responsible for any and all damages and/or lossesattributable to such failure.18 Shipping Documents18.A The Seller shall present the following documents to the payingbank for negotiation of payment:18.A.1 Full set of clean on board, &freight prepaid& for C&F/CIF Termsor &Freight to collect& for FOB/FAS Terms, Ocean Bills of Lading, made outto order and blank endorsed, notifying ___________at the port ofdestination.18.A.2 Five copies of signed invoice, indicating contract number, L/Cnumber, name of commodity, full specifications, and shipping mark, signedand issued by the Beneficiary of Letter of Credit.18.A.3 Two copies of packing list and/or weight memo with indicationof gross and net weight of each package and/or measurements issued bybeneficiary of Letter of Credit.18.A.4 Two copies each of the certificates of quality and quantity orweight issued by the manufacturer and/or a qualified independent surveyorat the loading port and must indicate full specifications of goodsconforming to stipulations in Letter of Credit.18.A.5 One duplicate copy of the cable or telex advice of shipment asstipulated in Clause 17 of the Terms of Delivery.18.A.6 A letter attesting that extra copies of abovementioneddocuments have been dispatched according to the Contract.18.A.7 A letter attesting that the nationality of the carrying vesselhas been approved by the Buyer.18.A.8 The relevant insurance policy covering, but not limited to atleast 110% of the invoice value against all and war risks if the insuranceis covered by the Buyer.18.B Any original document(s) made by rephotographic system, automatedor computerized system or carbon copies shall not be acceptable unlessthey are clearly marked as &ORIGINAL.& and certified with signatures inhand writing by authorised officers of the issuing company or corporation.18.C Through Bill of Lading, Stale Bill of Lading, Short Form Bill ofLading, shall not be acceptable.18.D Third Party appointed by the Beneficiary as shipper shall not beacceptable unless such Third Party Bill of Lading is made out to the orderof shipper and endorsed to the Beneficiary and blank endorsed by theBeneficiary.18.E Documents issued earlier than the opening date of Letter ofCredit shall not be acceptable.18.F In the case of C&F/CIF shipments, Charter Party Bill of Ladingshall not be acceptable unless Beneficiary provides one copy each of theCharter Party, Master's of Mate's receipt, shipping order and cargo orstowage plan and/or other documents called for in the Letter of Credit bythe Buyer.18.G The seller shall dispatch, in care of the carrying vessel, twocopies each of the duplicates of Bill of Lading. Invoice and Packing Listto the Buyer's receiving agent, _______________at the port of destination.18.H Immediately after the departure of the carrying vessel, theSeller shall airmail one set of the duplicate documents to the Buyer andthree sets of the same to ______________________________ TransportationCorporation at the port of destination.18.I The Seller shall assume full responsibility and be liable to theBuyer and shall compensate the Buyer for all losses arising from goingastray of and/or the delay in the dispatch of the above mentioneddocuments.18.J Banking charges outside the People's Republic of China shall befor the Seller's 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 ocean transportation shall be governed by relevant air terms.20 Instruction leaflets on dangerous cargo:For dangerous and/or poisonous cargo, the Seller must provideinstruction leaflets stating the hazardous or poisonous properties,transportation, storage and handling remarks, as well as precautionary andfirst-air measures and measures against fire. The Seller shall airmail,together with other shipping documents, three copies each of the same tothe Buyer and___________________ Transportation Corporation at the port ofdestination.21 Inspection & claims:In case the quality, quantity or weight of the goods be found not inconformity with those as stipulated in this Contract upon re-inspection bythe China Commodity Import and Export inspection Bureau within 60 daysafter completion of the discharge of the goods at the port of destinationor, if goods are shipped in containers, 60 days after the opening of suchcontainers, the Buyer shall have the right to request the Seller to takeback the goods or lodge claims against the Seller for compensation forlosses upon the strength of the Inspection Certificate issued by the saidBureau, with the exception of those claims for which the insurers orowners of the carrying vessel are liable, all expenses including but notlimited to inspection fees, interest, losses arising from the return ofthe goods or claims shall be borne by the Seller. In such a case, theBuyer may, if so requested, send a sample of the goods in question to theSeller, provided that sampling and sending of such sample is feasible.22 Damages:With the exception of late delivery or non-delivery due to &ForceMajeure& causes, if the Seller fails to make delivery of the goods inaccordance with the terms and conditions, jointly or severally, of thisContract, the Seller shall be liable to the Buyer and indemnify the Buyerfor all losses, damages, including but not limited to, purchase priceand/or purchase price differentials, deadfreight, demurrage, and allconsequential direct or indirect losses. The Buyer shall nevertheless havethe right to cancel in part or in whole of the contract without prejudiceto the Buyer's right to claim compensations.23 Force Majeure:Neither the Seller or the Buyer shall be held responsible for latedelivery or non-delivery owing to generally recognized &Force Majeure&causes. However in such a case, the Seller shall immediately advise bycable or telex the Buyer of the accident and airmail to the Buyer within15 days after the accident, a certificate of the accident issued by thecompetent government authority or the chamber of commerce which is locatedat the place where the accident occurs as evidence thereof. If the said&Force Majeure& cause lasts over 60 days, the Buyer shall have the rightto cancel the whole or the undelivered part of the order for the goods asstipulated in Contract.24 Arbitration:Both parties agree to attempt to resolve all disputes between theparties with respect to the application or interpretation of any termhereof of transaction hereunder, through amicable negotiation. If adispute cannot be resolved in this manner to the satisfaction of theSeller and the Buyer within a reasonable period of time, maximum notexceeding 90 days after the date of the notification of such dispute, thecase under dispute shall be submitted to arbitration if the Buyer shoulddecide not to take the case to court at a place of jurisdiction that theBuyer may deem appropriate. Unless otherwise agreed upon by both parties,such arbitration shall be held in ________, and shall be governed by therules and procedures of arbitration stipulated by the Foreign TradeArbitration Commission of the China Council for the Promotion ofInternational Trade. The decision by such arbitration shall be accepted asfinal and binding upon both parties. The arbitration fees shall be borneby the losing party unless otherwise awarded. Our Contract Template Database is complied in accordance with laws of P.R.China.This English document is translated according to its Chinese version. In case of discrepancy, the original version in Chinese shall prevail.
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