外貿(mào)合同樣本

1、* PURCHASE AND SALECONTRACTContract No *°*This PURCHASE AND SALE CONTRACT made on May 15, 2009 in Beijing cityBETWEENBUYER :Add*T'el/*ANDSELLER :Add*T'el/*Fax* *The BUYER is desirous of buying all such molybdenum concentrate from the SELLER. The BUYER confirmed the purchase of the contr

2、acted amount from the SELLER in this contract. And where as the BUYER, is desirous of purchasing all such molybdenum concentrate offered by the SELLER.The SELLER is willing to give all his productions and sales in this contract to the BUYER. THE SELLER AND THE BUYER HEREBY AGREE AS FOLLOWS 1? DEFINI

3、TIONSUnless specifically stated the following terms in this contract shall refer to and will have the following meaning:Goods shall mean molybdenum concentrate;DMT shall mean dry metric ton;MMT shall mean metal metric ton;MTU shall mean metric ton unit;"Metric Ton" shall mean a ton of 1,00

4、0 kilograms or 2,204.62 pounds avoirdupois wet or dry basis as stated;PPM shall mean part per million or 1 gram per Metric Ton.Inspectorate shall mean independent inspectorate as CGL (Central Geological Laboratory, Mongolia) and/or its correspondenc; CIQ (China Entry-Exit Inspection and Quarantine A

5、ssociation) and/or its correspondence, CCIC China Certification& Inspection (Group)Co.,LTD and/or its correspondence, or any independent inspectorate accepted by both parties; T/T shall mean Telegraphic Transfer;$ or dollar or cent shall mean dollars and cents of the United States of America off

6、icial currency ;DAF shall mea n delivered at fron tier as per In coterms 2000.2. GOODS1) Name of goods2) Specificati onGoods should not contain radioactive eleme nt and other harmful impurities.3) Weight4) Price (pack ing charges in cluded)1%USD*0/DMT(U.S.DOLLARS SEVEN THOUSANDFIVE HUNDRED) per DMT

7、DAFErlianhot on basis of 50% Mo with premium/penalty USD 150 per DMT for in crease/decrease in Mo above/below 50% Mo, scale fracti on pro-rata.5) Ren egotiati ona. If the Mo content is below 48% or the goods is over the impurity, the BUYER has the right to reject accept ing the goods or the price wi

8、ll be ren egotiated by the two parties.b. If the BUYER rejects the goods according to the reasons mentioned above, then all charges will be to SELLER ' Siattco3. TOTAL VALUEUsd* (U.S.Dollars seven hun dred and fifty thousa nd).The exact total value should pay the SELLER will be determ ined by th

9、e Mo content accord ing to the certificate from CIQ/CCIC (Chi na).4. INSURANCEIn sura nee up to the point of delivery shall be the resp on sibility of the SELLER. In sura nee after the point of delivery shall be the resp on sibility of the BUYER.5. PLACE OF SHIPMENT6. PLACE OF DELIVERY7. SHIPMENTThe

10、 shipme nt will be effected before *8. PACKAGING1MT net bags sealed in containerThe goods should be packed suitable for long distance land transportation and for change ofclimate, well protected against moisture and shocks.9. SHIPPING MARKSN/M10. QUALITY AND WEIGHT INSPECTIONAt the place of shipment

11、 (Mongolia), weighing, sampling and analysis shall be carried out by CGL in accordance with standard international practice. Inspection fee shall be for the SELLER' S account. The BUYER has the right to be present or represented at these operations at it's own expense.At the discharging plac

12、e (China), weighting, sampling analysis shall be carried out by CIQ/CCIC at BUYER'S account in accordance with international practices. Inspection fee shall be for the BUYER' S account. The SELLER has the right to be present or represented atthese operations at it's own expense.The certi

13、ficate issued by CIQ/CCIC shall be the final results for negotiation of payment.11. TERM OF PAYMENT12. REQUIRED DOCUMENTS FOR CUSTOMS CLEARANCE1) Signed Provisional Commercial Invoice in four originals and one copy, which indicating Contract No.13. CLAIMSIn the event that SELLER is liable for the di

14、screpancies and the BUYER lodges a claim within Ninety (90) days after discharge of the goods at the destination, such claim must be accompanied by an inspection certificate issued by CCIC/CIQ. All expenses (including inspection fees) and losses arising from the return of goods or claims should be b

15、orne by the SELLER.14. ARBITRATION15. DELAY/NON-DELIVERYIn the event of delay/non-delivery of contractual quantity the SELLER shall bear following duties. In case of delayed delivery, the SELLERS shall pay to the BUYERS for every week of delay a penalty amounting to 0.5% of the total value of the go

16、ods whose delivery has been delayed. Any fractional part of a week is to be considered as a full week. The total amount of penalty shall not, however, exceed 1% of the total value of the goods involved in late delivery and is to be deducted from the amount due to the SELLERS by the paying bank at th

17、e time of negotiation, or by the BUYERS direct at the time of payment. In case the period of delay exceeds 60 days after the stipulated delivery date the BUYERS have the right to terminate this contract but the SELLERS shall not hereof be exempted from the payment of the penalty16. LICENSE, TARIFFS,

18、 TAXES AND DUTIESAll license, tariffs, taxes and duties whether existing or new on the merchandise and its contents or commercial documents relating thereto shall be borne by BUYER in the event of their existence in China. Any export relate license, taxes or duties whether existing or new levied in the country of origin shall be borne by BILUUT MINING CO., LTD17. FORCE MAJEUREThe SELLER shall not be