КОНТРАКТ ПОСТАВКИ ОДЕЖДЫ (ТЕКСТ НА АНГЛИЙСКОМ ЯЗЫКЕ)
CONTRACT
_______________ hereinafter referred to as "the Seller", on the
one hand, and ______________ hereinafter referred to as "the Buyer",
on the other hand, have concluded the present Contract as follows:
1. OBJECT OF THE CONTRACT
The Seller has sold and the Buyer has bought _______________ on
________ terms, in the quantity, assortment, at prices and according
to technical data stated in Supplements Nos. _____, which are an
integral part of the present Contract.
The purpose of purchasing the goods is ________________________
____________________________________________________________________
2. QUALITY OF THE GOODS
The quality of the goods should conform to the samples - references agreed
and certified by the Parties as well as to the technical data stated in
Supplements Nos. _______ to the present Contract.
The quality of the goods is to be confirmed by a Quality Certificate issued
by the Manufacturer.
With the first lot of the goods to be shipped to each Consignee the Seller
sends one sample - reference of each article which is to be sent to the same
Consignee.
Samples - references are to be sealed and packed into an individual bag with
the inscription "Duplicate of Sample - Reference".
Samples - references are to be paid by the Buyer. For this purpose it is
necessary to indicate by separate line in the invoices for the delivered goods
as follows: duplicate of sample - reference, article, size. quantity, price,
amount, case N __.
3. PRICES
The prices are fixed in ___________ and are understood ________
__________________________.
The above said prices include the cost of tare, packing and marking. Loading
of the goods on the vessel including stowage in the holds and lighterage,
information of shipment of the goods and drawing up Bills of
Loading are to be made by the Seller at his expense.
4. TIME OF DELIVERY
Delivery of the goods under of the present Contract is to be effected within
the time stipulated in Supplements
Nos.____ to the present Contract.
The date of delivery is considered ____________________.
5. PACKING AND MARKING
Packing is to secure full safety of the goods during
transportation by all kinds of transport means including
transshipments.
In case the packing doesn't secure safety of the goods while in
transit and fact is certified by a Commercial Inspection Report
drawn up on the ______________ frontier, the Seller will make up all
the losses of the Buyer occured because of indue packing.
The goods should be packed in ________, with the items shall be
packed in standart strong cardboard cases.
The boxes weight of the box should not exceed 50 kgs. The boxes
are to be enterlaid with waterproof paper. The boxes should be
hooped with four wholepiece plastic or iron bands the ends of which
are to be sealed.
Each package is marked on two sides with indelible paint as
follows: country of destination. Place of destination, Contract
N ___, Package N ___, Gross and net weights, Volume, Brief name of
the Consignee and Consignor. The cases numbers shipped under The
same Bill of Lading (Railway Bill, Autoway Bill) should not repeat
themselves. The packing List stating case N ____, Contract N ____,
name of Consignee, description of the goods, model, article (if it
is fabrics), number of items as to sizes and total quantity of
samples is to be placed into each case.
Each item should be furnished with suspension tag stating
style, model, size, trade mark, material of which the item is made.
Apart from tills each item should be equipped with a control
label sewn to it stating model, size and composition of the material
of which the item is manufactured.
How to care about the goods is to be written on the back of
the label.
6. METHOD OF SHIPMENT
The goods under the present Contract are to be shipped ________
__________________________
The lots are completed in accordance with shipping instruction
given by the Buyer. The Seller is to cable to the Buyer of readiness
of the goods for shipment not later than 15 days before the date of
shipment.
Within 24 hours after shipment of the goods the Seller is to
inform the Buyer by cable of the following: _______ date of shipment
N of Bill of Lading, Railway or Autoway Bill description of goods
Number of cases
Contract N Consignee Gross and net weight Volume Value of the
goods The Seller writes down in Bill of Lading, Railway Bill or
Autoway Bill Licence N ____ dated ___ The Seller airmails the Buyer
Invoice in duplicate, Specification in duplicate and Packing Lists
in duplicate within 48 hours after shipment of the goods.
7. DELIVERY - ACCEPTANCE OF THE GOODS
The goods are considered as delivered by the Seller and accepted by the
Buyer: as to quality - according to the Quality Certificate issued by the
Seller, as to number of packages - according to shipping documents. Final
acceptance to be made in on arrival of the goods to the place of destination.
8. PAYMENT
Payment for the goods delivered is effected in _____________ by
presentation of the Invoice for collection to the Bank ____________.
Payment to be effected within 20 days counting from the date of
receipt of the documents from the Bank _____________. Payment is to
be effected against presentation of the following documents:
1. Full set of Clean on Board Bills of Lading (Duplicate of Railway Bill,
Autoway Bill), drawn up as per Specification enclosed - 3 copies.
2. Invoice in triplicate.
3. Specification in triplicate stating packages Nos.
4. Recapitulation stating number of the items as to style and size.
5. Quality Certificate drawn up by the Seller in duplicate.
Seller should submit the above said documents to the Bank for payment not
later than 10 days after shipment of the goods.
From the first Invoice 3 per cent of the total value of the goods sold under
the present Contract to be deducted to cover the losses caused by shortage when
packing being intact or by delivery of faulty goods, if any.
The Seller reduced the invoice value by that amount indicating the sum
deducted in the Invoice by separate line.
The said 3 per cent remain blocked and are returned in full or in part 180
days after the crossing of the border by the last consignment.
9. CLAIMS
In case of shortage while packing being intact or in case of
nonconformity of the quality of the goods to the sample the Buyer
has the right to claim on the Seller within 180 days on the arrival
of the goods in ______.
The Parties agreed that the Inspection Report drawn up by
___________ Chamber of Commerce and Industry, Moscow, will prove the
claim. The Seller is to be examine the claim within 15 days. Should
the Seller foil to send a reply on expiration of the said period,
the claim will be considered as admitted by the Seller.
While claiming for an inferior quantity of the goods the Buyer is entitled
either for price reduction or to return the faulty goods to the Seller.
Тhе cost of the defective goods, of shortage while packing being intact,
penalty are deducted by the Buyer from the 3 per cent sum.
In case the sum of 3 percents prove to be insufficient to cover the claim
and penalty the Seller is to remit the balance due to the Buyer within 30 days
from the date of recept of the claim.
The Buyer has the right to return the defective goods to the Seller.
All the transport and other charges connected with delivery and return of
defective goods are to be paid by the Seller.
The Seller instructs the Buyer as to necessity of insurance of the returned
defective goods. In case the Seller finds shortage of returned defected goods
they present the Buyer a Survey Report as proof of shortage.
10. ARBITRATION
All disputes and differences which may arise out of the present
Contract or in connection with same are to be setted, without
recourse to common law courts, by ______________ in accordance with
the rules of procedure of the above Commission the awards of which
are final and binding upon both Parties.
11. SANCTIONS
In case the delivery of the goods is not effected during the period
stipulated by the Contract, the Seller will pay to the Buyer penalty calculated
from the value of the goods not delivered in time basing on 0,1 percent of the
value of such goods per each day of delay.
Should the delay exceed 30 days, payment of the penalty will cease and the
Seller will pay to the Buyer agreed and liquidated damages at the rate of 10
percents of the value of the goods not delivered in time.
In case delay in delivery of the goods against the present Contract exceeds
40 days the Buyer has the right to cancel the Contract on notifying the Seller.
In case of delivery of defective goods, the Seller will pay to the Buyer
penalty at the rate of 10 percents of the value of the said goods.
The Seller will pay the 10 percents penalty to the Buyer:
- in case the marking on the package and/or on articles themselves prove
incorrect;
- in case the packing does not secure the safety of the goods in transit;
- in case shipping documents were drawn up erroniously;
-in case the goods were delivered not in conformity with the term of the
Contract as regard sizes, breakdown, colours, etc.;
- in case the goods were shipped ahead of time stipulated in the Contract
without the Buyer's consent. Payment of the penalty or agreed and liquidated
damages not set the Seller free of the liability to fulfil the Contract.
12. FORCE - MAJEUR
The Parties will be free from the responsibility for the partial or full non
- fulfilment of the obligations of the present Contract in case it was caused by
the circumstances beyond the Parties' control.i.e. Fire, Flood, earthquake and
War in case these circumstances affected the due fulfilment of the present
Contract.
In this case the fulfilment of the Contract obligations extends for the
period of these circumstances being in force.
If operation of such contingencies continues more than 3 months each Party
will have the right to cancel the Present Contract and neither of the Parties
will have the right for reimbursement of any possible damages by the other
Party.
13. OTHER TERMS
The Sellers is to send to the Buyer two copies of the album not later than
1,5 months from the date the Present Contract.is signed.
The album - catalogue is to contain: Pictures of the bought goods, their
technical data, measurements, samples of cloths and their colour cards.
All dues (including port and dock ones), taxes and customs duties levied on
the territiry of the Seller's country connected with execution of the present
Contract as well as the commission of the Bank of the Seller are to be paid by
the Seller and at his expence.
The Seller is bound to obtain Export Licences, if such are required.
From the moment of signing the present Contract all the previous
negotiations and correspondence connected with same are null and void.
None of the Parties has the right to assign their rights and obligations
under the present Contract without written consent of the other Party.
Any amendments and supplements to the present Contract are valid only if
made, in writting and signed by duly authorizes representatives of the both
Parties.
The present Contract is made up in two copies both being authentic.
14. LEGAL ADDRESSES OF THE PARTIES
SELLER BUYER
________________________ ________________________
________________________ ________________________
________________________ ________________________
________________________ ________________________
________________________ ________________________
________________________ ________________________
________________________ ________________________
________________________ ________________________
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