Hợp đồng ngoại thương bằng Tiếng Anh của công ty phân bón Bình Điền

CONTRACT
No: 04/19/VT-CH
Date: January 18, 2011
BETWEEN: BINH DIEN CO.
Address: C12/21 Tan Kien, Binh Chanh District, Hochiminh city, Vietnam
Tel: 84-8-3756011 Fax: 84-8-39560799
Email: phanbon@binhdien.com Website: www.binhdien.com
Presented by: Mr. LE QUOC PHONG, Director
Hereinafter called “THE BUYER”.
AND: KOLON INTERNATIONAL CORP.
Address: KOLON TOWER. Annex 1-22, Byeolyang-Dong Kwacheon City Kyonggi-Do 427-040, Korea
Tel: 822.3677.8114 Fax: 822.3677.7561
Website: www.kolomintl.com
Account: 052.30.000112 at KOREA FIRST BANK, Seoul
Presented by: Mr. YOUNG HO RIM, President
Hereinafter called “THE SELLER”. mẫu hợp đồng ngoại thương song ngữ
Both parties have agreed to sign this contract under the following terms and conditions: hợp đồng ngoại thương song ngữ
Article 1: Commodity and Specification
1. Commodity: Urea Fertilizer
2. Origin: Indonesia
3. Specification: – Nitrogen: 46% min.
– Moisture: 0,5% max.
– Biuret: 1,0% max.
– Color: White.
– Free Flowing: Treated with anti-caking.
4. Packing: – 50kg net in polypropylene woven bag with polyethylene inner liner.
– 2% of total bag as empty spare bags to be supplied free of charges.
Article 2: Unit price – Quantity and Total Amount
1. Unit price : USD 360/MT C.I.F HCM Port, VN (Incoterms 2010)
2. Quantity : 10.000 MTS (plus or minus 10% at seller’s option)
3. Total Amount : USD 3,600,000 (±10% at seller’s option)
(Say: US Dollars three million six hundred thousand only).
Article 3: Shipment – Delivery mẫu hợp đồng ngoại thương song ngữ
1. Time of shipment : Not later than July 2011.
2. Port of loading : Indonesia main Port.
3. Destination port : New Port, Hochiminh city, Vietnam.
4. Partial shipment : Not Allowed.
5. Transhipment : Not Allowed.
6. Notice of shipment: Within 2 days after the sailing date of carrying vessel to S.R. Vietnam, the Seller shall notify by cable to the Buyer the following information:
– L/C number;
– Amount of payment;
– Name and nationally of the vessel;
– Bill of Lading number/date;
– Port of loading;
– Date of shipment;
– Expected date of arrival at discharging port.
7. Shipping mark: UREA
46% NITROGEN MINIMUM
1% BIURET MAXIMUM
0,5% MOISTURE MAXIMUM
50 KGS NET mẫu hợp đồng ngoại thương song ngữ
USE NO HOOKS
MADE IN INDONESIA
One side printed in green color.
8. Discharging:
– When Notice of Readiness tendered before noon. Laytime shall be commenced from 13:00 on the same date.
– When Notice of Readiness tendered before afternoon. Laytime shall be commenced from 08:00 on next date.
9. Discharging term : 1200 MTS/day WWDSHEX EIU
: USD 2,000/Half hợp đồng ngoại thương song ngữ
Article 4: Payment
1. By Irrevocable Letter of Credit at sight from B/L date for the full amount of the contract value.
2.L/C beneficiary: KOLON INTERNATIONAL CORP.
KOLON TOWER. Annex 1-22,
Byeolyang-Dong Kwacheon City
Kyonggi-Do 427-040, Korea
3. L/C Advising Bank: KOREA FISRT BANK, Seoul City, Korea
4. Bank of Opening L/C: VIETCOMBANK/EXIMBANK
5. Time of Opening L/C: Within July 5, 2011
6. Payment documents:
Payment shall be made upon receipt of the following document:
– 3/3 of clean on board Bill of Lading marked “FREIGHT PREPAID”.
– Commercial invoice in triplicate.
– Packing list in triplicate. mẫu hợp đồng ngoại thương song ngữ
– Certificate of origin issued by manufacturer.
– SUCOFINDO’s Certificate on quality/weight.
– One copy of sailing telex/shipping advice. Remark: third party’s shipping document acceptable.
– 1/3 B/L and transport documents sent by DHL.
Article 5: Insurance
– Covered by the seller.
– Covering: ALL RISKS; 110% of Invoice value.
– Insurance policy/certificate showing claim payable at Hochiminh city, Vietnam by the Vietnam Insurance Company, Hochiminh city branch.
Article 6: Force Majeure
1. Should any circumstances arise preventing either party from full or partial carrying out its obligations under the contract (namely: acts of gods, acts of the elements, fire, war, military operations of any nature, blockade or prohibition of export, import), the period stipulated for performance of the contract shall be extended accordingly.
2. In the event of these circumstances prevailing for more than fulfill its obligations under the contract, and in this case, neither party shall be entitled to indemnity of any looses it may sustain.
3. The party unable to carry out its obligations under the contract shall advise the other party of the commencement and termination of the circumstances preventing performance of the contract within 5 days.
4. A certificate issued by the Chamber of Commerce of the sellers’ or buyers’ country shall be sufficient proof of the operation and the duration of such circumstances. hợp đồng ngoại thương song ngữ
Article 7: Claim mẫu hợp đồng ngoại thương song ngữ
All claim by Buyer shall be made by telex or fax within 7 days after cargo arrived at destination port and shall be confirmed in written form sent to the Seller within 21 days after receipt of Survey Report of Vinacontrol Hochiminh city.
Article 8: Arbitration
1. In the execution course of this contract, all dispute not reaching at amicable agreement shall be settled by the Economic Arbitration Board of Hochiminh city under the rules of The International Chamber of Commerce whose awards shall be final and binding both parties.
2. Arbitration fee and other related charges shall be borne by the loosing party, unless otherwise agreed.
Article 9: Penalty
1. To delay shipment/delay payment: In case delay shipment/delay payment happens, the penalty for delay interest will be based on annual rate 15 percent.
2. To delay opening L/C: In case delay opening L/C happens, the Seller has the right to delay shipment.
3. To cancellation of Contract: If Buyer or Seller wanted to cancel the contract, 5% of total contract value would be charged as penalty to that party.
Article 10: General Condition
1. By signing this Contract, previous correspondences and negotiations connected herewith shall be null and void.
2. This contract comes into effect from signing date, any amendment and additional clause to these conditions shall be valid only if made in written form and duty confirmed by both sides.
3. This contract is made in 6 English originals, each side keeps 3.
 FOR THE SELLER FOR THE BUYER