货物进口合同三(通用29篇)
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,协商不能取得对买卖双方都满意的结果时,如买方决定不向他认为合适的有管辖权的法院提出诉讼,则该争议应提交仲裁。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委员会对外贸易仲裁委员会所制订的仲裁规则和程序进行仲裁,该仲裁为终局裁决,对双方均有约束力。仲裁费用除非另有决定,由败诉一方负担。
卖方(签章):_________ 买方(签章):_________
_________年____月____日 _________年____月____日
附件
contract no:_________
date:_________
the buyer:_________
the seller:_________
the contract, 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 the undermentioned goods subject to terms and conditions set forth hereinafter as follows:
1、name of commodity and specification:_________
2、country of origin & manufacturer:_________
3、unit price (packing charges included):_________
4、quantity:_________
5、total value:_________
6、packing (seaworthy):_________
7、insurance (to be covered by the buyer unless otherwise):_________
8、time of shipment:_________
9、port of loading:_________
10、port of destination:_________
11、mark 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.
14、fob/fas terms
14.1 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.
