PURCHASE CONTRACT Buyer Contract No: Signature Date: Signature place: Buyer: Address: Beijing, FAX: TEL: Seller: Address: TEL: Fax: This Contract is made by and between the Buyers and the Sellers; whereby it is agreed that the Buyers purchase and the Sellers supply the under-mentioned goods according to the terms and conditions stipulated below: Commodity, DSpecifications quatity Unit Price Total Amount Total value: (2)Country of Origin and Manufacturers: (3)Packing: Original Manufacturer is Packing in Carton suitable for long distance air freight transportation. (4)Shipping Mark: (5)Time of Shipment and Time of delivery: Within weeks of receipt of payment (6)Port of Shipment: Airport (7)Port of Destination: Airport (8) insurance : To be effected by (9)Terms of Payment: (10)Documents: A. One original of airway bill to the Buyers. B. Packing list 1 original in 2 copies indicating Buyer contract number, commodity, quantity, unit price, total amount and shipping mark (the partial number shall be added). C. Invoice in 1 original and 2 copies indicating Buyer contract number, commodity, quantity, unit price, total amount and shipping mark (the partial number shall be added) D. Certificate of quality issued by the manufacturers. E. One original and two copies of Insurance Policy. F. Shipment. Advising one copy. (11)Advice of shipment: The Sellers shall, upon completion of loading, advise the Buyers by Fax of the contract number, commodity, number of packages, gross and net weights, invoice value, name of flight number of AWB, and its loading date. (12) The Seller shall guarantee that the commodity hereof the best material with first class workmanship, brand new and unused, and complies in all respects with the quality and specification stipulated in this Contract and product manual. The guarantee period shall be 12 months counting from the date of shipment. (13)Inspection and Claim: After discharge of the goods at the port of destination. Should the quality, specification and/or quantity/weight be found not in conformity with the contract, letter of credit or invoice the Buyers shall by entitled to lodge claims (including re-inspection fee) with the Sellers on the basis of TCIB’S Inspection certificate with 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 by held responsible. All the relevant expenses (such as inspection charge, freight and returning the goods and for sending the replacement, insurance premium, storage and unloading charges, etc.) shall be borne by the sellers. (14)Force Major: If delivery cannot be effected as stipulated in this Contract owing to unforeseen accident caused by generally recognized “Force Major” the Sellers shall notify the Buyers immediately by cable, and airmail to the Buyers within 14days thereafter a certificate of the accident issued by the government authorities or Chamber of Commerce at the place of such accident as evidence thereof. The Sellers shall not be absolved from their responsibility before such an incident is acknowledged as Force Major by the Buyers. In the event of the Force Major causes continuing and delaying shipment beyond one month from the contracted delivery date, the Buyers shall have the option to cancel this Contract and in such event no penalty shall be claimed by either party against the other. Sellers’ failure to obtain the export license can under no circumstances be considered as Force Major. (15)Penalty: If the Sellers fail to effect due delivery owing to cause other than Force Major as stipulated in Clause (13), the Buyers shall have the option to cancel this Contract and the Sellers shall be responsible for the Buyers’ losses arising therefrom. The buyers shall agree to postpone the delivery on condition that the sellers agree to pay a penalty at the rate of 5% of the value of the goods involved in the late delivery or non-delivery. Or alternatively, the Sellers may postpone, with Buyers’ consent, delivery on the condition that the Sellers pay to the Buyers a penalty. Buyers: Confirmed by: Sellers: Confirmed by:
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