Контракт на куплю-продажу пиломатериалов (англ.)
CONTRACT OF SALE
_____________________ N: _________________ Dated: ________________
Between: _________________________________________________________
(Buyers)
and ______________________________________________________________
(Sellers)
1. SUBJECT MATTER OF THE CONTRACT
1.1. The Sellers have sold and the Buyers have bought with delivery within ________ about __________ cubic meter of sawngoods hereinafter referred to as "Goods" on _____________________ terms in accordance with the specification in Addendums attached to the present Contract and being an integral part thereof.
2. PRICES
2.1. The prices are understood in ________ per one cubic meter _______________________ terms according to the Addendums, attached to the present Contract, and include the cost of marking and packing.
2.2. The total value of this Contract is __________________________.
3. QUALITY
3.1. The quality of the Goods sold under the present Contract is to be in full conformity either with the state standards existing in the RF or with the technical conditions as stipulated in each Addendum. The quality of the Goods is be confirmed by the certificate of quality or by the agreement of both Parties and fixed in the Addendums, attached to the present Contract.
4. PACKING AND MARKING
4.1. Each package should consist of the boards of the same size, quality and description, of one or three consecutive lengths.
4.2. The packing of goods has to be in full conformity with the state standards existing in RF.
4.3. Each package of sawngoods with moisture not more than ___% is to be marked on the top and on the upper half of one side. Marking should include:
- N umber of the package;
- Type of the sawngoods (_____________________);
- Size, mm;
- Length of the package, m;
- Volume of the package, cbm;
- Grade of the sawngoods:
U/S - unsorted,
IV - forth,
V - fifth;
- Grade of the sawngoods is marked on the fair-end of each piece as follows:
GOST _______________
U/S - ______________
IV - _______________
V - ________________
GOST _______________ - one vertical stripe through the middle of the fair-end.
5. PAYMENT
5.1. Payment is to be effected in ___________________. The Buyers effect payments by remittance according to the Sellers instruction to the Sellers bank.
5.2. The payment in to be effected as follows: ____% of the value of the sold sawngoods within ___ (___________) banking days after acceptance of the loaded Goods in ___________ port and after receipt of the following documents by the Buyers:
- The Acceptance Protocol (in Russian);
- Specification;
- Invoice (in English).
5.3. The Buyers after execution of the payment should inform the Sellers by fax the following: sum, date of payment and - paying bank (copy of payment order).
5.4. The Buyers should send to the Sellers within ___ (_________) banking days after the date of conclusion of the shipment of the Buyers' vessel the complete of following shipping documents:
- Bill of Lading - ____ copies.
5.5. All bank expenses connected with the fulfillment of this Contract including bank commission on the territory of the Buyers' country are to be for the Buyers' account, and expenses beyond the borders of the Buyers' country - for the Sellers' account.
6. LOADING AND SHIPMENT INFORMATION
6.1. All supplemental expenses from custody of the Goods in the port and penalty possible from the tardy export of the Goods are for the Buyers' account.
7. PASSING OF PROPERTY
7.1. Property in the Goods is deemed to have passed from the Sellers to the Buyers at the moment of signing the Acceptance Protocol at ______________ port.
8. CLAIMS
8.1. N o claim for quality and/or manufacture and/or condition and/or quantity will be recognized by the Sellers upon any shipped Goods under this Contract if a detailed Claim in respect of the Goods are not presented by the Buyers to the Sellers before of the signing the Acceptance Protocol at ________________ port.
9. FORCE-MAJEURE
9.1. Should any circumstances preventing the complete or partial fulfillment by either Party of the obligations under this Contract arise, namely: fire, acts of elements, wars, military operations of any character, blockades, prohibition of export or import, the time stipulated for the fulfillment of the obligations under this Contract is extended for a period equal to that during which such circumstances remain in force. If such circumstances last more than ___ (_______) months, each Party has right to refuse from further fulfillment of the obligations under the Contract, in which case both Parties have no right to demand compensation for the losses caused by breaking the Contract.
9.2. The proper evidence of the above mentioned circumstances is a certificate issued by the ______ Chamber of Commerce and Industry.
10. ARBITRATION
10.1. All disputes and differences or demands which may arise out of the present Contract or in connection with it will be settled as far as possible by means of negotiations between the Parties.
10.2. If the Parties do not come to the agreement, the matter is to be submitted for settlement, excluding jurisdiction to common courts, to Foreign Trade Arbitration Commission at the _____________ Chamber of Commerce and Industry in _____________ in accordance with its rules.
10.3. The verdict of the court is final for both Parties.
11. SPECIAL CONDITIONS
11.1. Any alterations to the Contract become valid if they are made in writing and signed by authorized representatives of both Parties.
11.2. N either Party is entitled to transfer its rights and obligations under the present Contract to any third party without the written consent of the other Party.
11.3. After the Contract has been signed all the preceding negotiations and correspondence pertaining to it become null and void.
11.4. The Contract is drawn up and signed in English and Russian in two authentic equally valid copies.
12. LEGAL ADDRESSES
The Sellers:
__________________________________________________________________
__________________________________________________________________
The Buyers:
__________________________________________________________________
__________________________________________________________________
Источник - ЗАО "Финансовые консультации, аудит"