下面是小编为大家带来的销售合同英文,本文共10篇,希望大家能够喜欢!
篇1:服装销售合同英文
GARMENTS PURCHASE CONTRACT
Contract NO.合同编号:
Date签约日期:
Buyer: 买方:
Seller: 卖方:
This purchase contract (hereafter abbreviated “contract”) is signed by and between the Buyer and the Seller upon equal negotiations based on the Contract Law and other relevant laws and regulations. Both parties agree to sell and buy goods on following terms and conditions.
此销售合同(以下简称“合同”)根据合同法及相关法律法规并经由买卖双方经平等协商后共同签定,买方与卖方均同意以下条款和条件购买和出售货物。
Purchasing Contract terms and conditions of garments Season: 服装采购合同条款:
1. Description, quantity, unit price, total amount and other details of the goods ordered please refer to detail order, invoice and packing list. The name of the issuing company of invoice must be the same as the seller.
采购品名、规格、数量、单价、总价、交期等参考每次采购相应订单、发票及装运单,发票的填开单位必须与本合同中卖方的名称相一致。
2. Country of origin: China原产地:中国
3. Delivery: The seller shall deliver the goods to the warehouse as previously agreed between the two parties.
交货方式:卖方应把货物送交至双方事先约定的仓库。
4. The quality of all the garments shall answer for the updated, valid Standard of the Nation and the industry. In case the garments are unqualified or for other reason that shall ascribe the seller’s fault, which brings losses of or damages (including but
not limited to fine, expropriate, damage to Goodwill, lawyer’s fee and other losses for the buyer ’s breach of law or contract because of the seller fault) to the buyer, the buyer shall has the right to ask seller for damages.
所有服装质量应符合最新、有效的国家标准、行业标准的规定,若卖方交付的服装质量不合格或其他任何可归咎于卖方的责任导致买方遭受的任何损失(包括但不限于罚没款、扣款、商誉损失、律师费及其他因卖方原因导致买方违约、违法所遭受的损失),买方有权要求卖方承担。
5. Seller shall provide 7 original copies of “Approved” Quality Inspection Certificate for each fabric used to produce MOTIVI different models 7 days before the delivery date. The certificate must be issued by a Chinese official quality testing department, the samples that the seller send to quality test lab shall be representative, can represent the quality of the goods, and the test must follow the Basic Standard GB18401 and include the composition of the fabric. The buyer will settle the payment according to the contract after received the test report and other related documentations (Packing list, Invoice of Goods etc.).
卖方应于交货日七日前向买方提供由中国官方质检部门认可的质检机构出具的所有用来制作服装的面料的合格质检报告原件7 份,卖方向质检机构送检的样品应具有代表性,能够代表大货质量,质检报告应包含纤维含量及国家标准 GB18401 的安全技术要求事项。买方在收到质检报告、装箱单、货物发票等其他文件后按合同约定付款。
6. For all the goods, the seller shall issue invoice to the buyer, the invoice shall be invoiced 所有货物应由卖方向买方开具发票,发票抬头需开列买方单位名称为
Kind of invoice issued: People’s Republic of China VAT invoice
发票开立种类:中华人民共和国增值税专用发票。
7. Terms of Payment: Total amount of payment of goods shall be paid in RMB within 30 days issued the invoices.
付款: 开立发票后30日内以人民币支付。
Upon signing the contract, the seller shall provide bank information for the buyer to effect payment.
买卖双方签定订购合同后,卖方需提供公司银行资料给予买方支付货款.。
8. Intellectual Property Right 知识产权
All the goods, documents and materials that the Seller gets to may concerns secret and shall procure that its employee, agent and any other persons who may have access to the above-mentioned information keep confidentiality and shall not use it for any purpose at any time or disclose to any third party. The seller shall not sell, transfer any products or materials to any third party except for the buyer products, substandard products, rest products and unused/waste products or materials. In case the seller breaches, the buyer has the right to ask for
indemnification including but not limited investigation fees, lawyer’s fees,
compensation as well as all other fees according to the stipulations or Chinese laws. 卖方接触到的买方及集团的物品、文件资料均可能涉及买方及其关联公司的知识产权,尤其是可能包含的买方商标、集团的其他商标,著作权及商业秘密。卖方应对其知悉的买方及其关联公司的商业秘密进行保密,并应促使卖方所有接触到买方秘密信息的任何雇员、代理人、客户或其他人士对该信息保密,不得在任何时候为任何目的使用或者向任何第三人披露。卖方不得向除买方及集团以外的任何单位和个人销售、转让涉及买方及米罗利奥集团的商标、标识标记、著作权等知识产权的产品或资料,即使对于过季品、等外品、富余品和废弃不用的产品或资料也不例外。若卖方违反约定,买方有权根据约定及中国法律规定要求卖方承担包括但不限于调查费、律师费、赔偿金在内的一切赔偿责任。
9. Both parties will try to resolve any dispute concerning the contract amicably. If the dispute can not be resolved by negotiation, any party may initial legal action.
买卖双方在履行本合同时如有争议应先以友好协商方式解决,如协商不成买卖双方可将争议送交由提出诉讼方所在地之法院进行诉讼.
10. All appendixes to this contract should be bonded to the contract as a whole.
篇2:服装销售合同英文
PURCHASE CONTRACT
采 购 合 同
Contract NO.
合同编号:
Date
签约日期:
Buyer:
买方:
Add.:
地址:
Add. :
电话: 传真:
Tel:Fax:
Seller:
卖方:
Add.:
地址:
Add. :
电话: 传真:
Tel:Fax:
This purchase contract (hereafter abbreviated “contract”) is signed by and between the Buyer and the Seller upon equal negotiations based on the Contract Law of P..R .China and other relevant laws and
regulations.. Both parties agree to sell and buy goods on following terms and conditions.
此销售合同(以下简称“合同”)根据 <<中华人民共和国合同法>>及相关法律法规并经由买卖双方经平等协商后共同签定,买方与卖方均同意以下条款和条件购买和出售货物。
Purchasing Contract terms and conditions of ***garments Season: ***服装采购合同条款:
1. Description, quantity, unit price, total amount and
other details of the goods ordered please refer to detail order, invoice and packing list. The name of the issuing company of invoice must be the same as the seller.
采购品名、规格、数量、单价、总价、交期等参考每次采购相应订单、发票及装运单,发票的填开单位必须与本合同中卖方的名称相一致。
2. Country of origin: China
原产地:中国
Delivery: The seller shall deliver the goods to the warehouse as previously agreed between the two parties.
交货方式:卖方应把货物送交至双方事先约定的仓库。
The quality of all the garments shall answer for the updated, valid Standard of the Nation and the industry. In case the garments are unqualified or for other reason that shall ascribe the seller’s fault, which brings losses of or damages (including but not limited to fine, expropriate, damage to Goodwill, lawyer’s fee and other losses for the buyer ’s breach of law or
contract because of the seller fault) to the buyer, the buyer shall has the right to ask seller for damages.
所有服装质量应符合最新、有效的国家标准、行业标准的规定,若卖方交付的服装质量不合格或其他任何可归咎于卖方的责任导致买方遭受的任何损失(包括但不限于罚没款、扣款、商誉损失、律师费及其他因卖方原因导致买方违约、违法所遭受的损失),买方有权要求卖方承担。
Seller shall provide 7 original copies of “Approved” Quality Inspection Certificate for each fabric used to produce
MOTIVI different models 7 days before the delivery date. The certificate must be issued by a Chinese official quality testing
department, the samples that the seller send to quality test lab shall be representative, can represent the quality of the goods, and the test must follow the Basic Standard GB18401 and include the composition of the fabric. The buyer will settle the payment according to the contract after received the test report and other related documentations (Packing list, Invoice of Goods etc.).
卖方应于交货日 七 日前向买方提供由中国官方质检部门认可的质检机构出具的所有用来制作。***服装的面料的合格质检报告原件 7 份,卖方向质检机构送检的样品应具有代表性,能够代表大货质量,质检报告应包含纤维含量及国家标准 GB18401 的安全技术要求事项。买方在收到质检报告、装箱单、货物发票等其他文件后按合同约定付款。
4. For all the goods, the seller shall issue invoice to the buyer, the invoice shall be invoiced to: *** Co., Ltd
所有货物应由卖方向买方开具发票,发票抬头需开列买方单位名称为***有限公司。
Kind of invoice issued: People’s Republic of China VAT invoice 发票开立种类:中华人民共和国增值税专用发票。
5. Terms of Payment: Total amount of payment of goods shall be paid in RMB within 30 days issued the invoices.
付款方式:买方向卖方所订购的货物款项皆以人民币支付,具发票后30天内支付本合同的100%货款。
Upon signing the contract, the seller shall provide bank information for the buyer to effect payment.
买卖双方签定订购合同后,卖方需提供公司银行资料给予买方支付货款.。 Payee:
帐户名称
Bank:
开户银行
A/C No.:
开户帐号
6. Intellectual Property Right
All the goods, documents and materials that the Seller gets to may concerns intellectual property right of the buyer and *** Group, especially may contains trade marks, copyright and business
secret of the buyer and *** group. The seller shall keep secret and shall procure that its employee, agent and any other persons who may have access to the above-mentioned information keep
confidentiality and shall not use it for any purpose at any time or disclose to any third party. The seller shall not
sell, transfer any products or materials to any third party except for the buyer and *** group that concerns trade marks, other logo or marks, copyright and other intellectual property right of the buyer and *** group, even if for the out season products, substandard products, rest products and unused/waste products or materials. In case the seller breaches, the buyer has the right to ask for indemnification including but not limited investigation fees, lawyer’s fees,compensation as well as all other fees according to the stipulations or Chinese laws.
卖方接触到的买方及米罗利奥集团的物品、文件资料均可能涉及买方及其关联公司的知识产权,尤其是可能包含的买方商标、米罗利奥集团的其他商标,著作权及商业秘密。卖方应对其知悉的买方及其关联公司的商业秘密进行保密,并应促使卖方所有接触到买方秘密信息的任何雇员、代理人、客户或其他人士对该信息保密,不得在任何时候为任何目的使用或者向任何第三人披露。卖方不得向除买方及米罗利奥集团以外的任何单位和个人销售、转让涉及买方及米罗利奥集团的商标、标识标记、著作权等知识产权的产品或资料,即使对于过季品、等外品、富余品和废弃不用的产品或资料也不例外。若卖方违反约定,买方有权根据约定及中国法律规定要求卖方承担包括但不限于调查费、律师费、赔偿金在内的一切赔偿责任。
7. Both parties will try to resolve any dispute concerning the contract amicably. If the dispute can not be resolved by negotiation, any party may initial legal action.
买卖双方在履行本合同时如有争议应先以友好协商方式解决,如协商不成买卖双
方可将争议送交由提出诉讼方所在地之人民法院进行诉讼.
All appendixes to this contract should be bonded to the contract as a whole. 本合同所附带之所有附件及附带协议或合同将作为本合同不可分离之一部份. The contract includes two originals signed by the authorized signatories from each party on the following date, each party shall retain one fully signed originals and each copy has equal legal effect.
需由买卖双方授权代表在以下日期签属一式两份原件,买卖双方各持有一份完整并经过签属完整的合同,买卖双方所持有之合同并具同等法律效力.。
This agreement is written in one form of two versions in English and Chinese, if both versions of English and Chinese are found inconsistent, the Chinese version should be the basis to follow.
本合同为中英文版本书写, 如合同条款有中英文本不一致之处则以中文为准. Seller:Seller:
卖方: 买方:
Authorized representative: Authorized representative:
授权代表 授权代表
Signature: Signature:
签名: 签名:
Stamp:Stamp:
盖章: 盖章:
Date:Date:
日期: 日期:
篇3:服装销售合同英文
金苑服饰有限公司销售合同
Jinyuan Garments & Accessories Co., Ltd
SALES CONTRACT
合同编号:JYFS120602
CONTRACT NO. JYFS120602
日期:6月22日
DATEJune 22,
买方美国纽约第五大道服装大卖场
联系电话:+537 070 186 532传真:+537 070 186 532
BUYERThe United States 5th Avenue clothing hypermarket
TEL: +537 070 186 532 FAX: +537 070
卖方中国福建金苑服饰有限公司
联系电话:0595—7656300 传真:0595—7656300
SELLERChina Fujian Jinyuan GARMENTS & ACCESSORIES CO.,
LTD
TEL: 0595—7656300 FAX: 0595—7656300
双方同意按下列条款由买方购进卖方售出下列商品: The Buyers agree to buy and the Sellers agree to sell the following goods on terms and conditions as below :
(1) 货物名称及规格,包装及装运标志 | (2) 数 量(件)| (3) 单 价(美元) | (4) 总 价(美元)
Name of Commodity, Specifications, QuantityUnit Price ($)Total Amount($)
Packing and Shipping Marks
金苑2012新品衬衫,货号:A22105400024.00 96000.00
Jinyuan2012 New Shirt, Item No.A22105 4000 24.00 96000.00
金苑2012新品衬衫,货号:H22103400024.70 98800.00
Jinyuan2012 New Shirt , Item No.h22103 4000 24.70 98800.00
金苑2012新品衬衫,货号:A22111400021.30 85200.00
Jinyuan2012 New Shirt , Item NoA22111 400021.30 85200.00
金苑2012新品休闲淑女裤, 600030.50 183000.00
货号:C22105
Jinyuan 2012 New Casual Lady pants 6000 30.50183000.00
Item No.:C22105
金苑2012新品休闲七分裤, 600032.40 194400.00
Jinyuan2012 New Casual Cropped pants6000 32.40 194400.00
货号:C22108
Item No. C22108
规格
Specification
材料:50%—80%棉,20%—50%涤纶;Material: 50%-80% cotton 20%-50% dacron
尺寸:S—XL,每种款式各个尺寸配送 Size:S-XL, The distribution number of each style in all size,
namely each size distribute 1/4 of the total number
配送数量,即每个尺寸配送数量占每种
总数量的'1/4;
颜色:每种产品所具有的颜色都配送相 Color:the color of each kind of product distribute the same quantity.namely distribution quantity=total number/the number of color
等数量,即配送数量=总件数/颜色总数;
包装:单件产品用透明塑料袋包装,每个Packing:A single product with a transparent plastic bag
纸箱装50件尺寸一致的产品,纸箱外部 50 pieces of products in each carton of the same size
由防水袋包裹,内置50克干燥剂一袋,Wrapped by waterproof bag, with a bag of 50 grams desiccant
纸箱规格为60*70*900(mm);并配 Carton standard 60*70*900(mm)
送24000个金苑服饰购物袋。Distribute 24000 pieces of Jinyuan shipping bags.
装运标志:
Shipping mark 总计: Total No. (装运数量允许有2%的增减 Shipping Quantity Two Percent More or Less Allowed)
(5) 装运期限
Time of Shipment50DAYS AFTER THE SELLER RECEIVE
THE L/C.
(1) 装运口岸 福建泉州新港
Port of shipment
(2) 目的口岸 伊丽莎白港
Port of Destination
(3) 保险投保
Insurance
(4) 付款条件
Terms of Payment IRREVOCABLE L/C AT SIGHT
该信用证必须在 45天 前开到卖方, 信用证的有效期应为装船期后15天, 在上述装运口岸
到期, 否则卖方有权取消本售货合约并保留因此而发生的一切损失的索赔权 .
The covering Letter of Credit must reach the Sellers 45 Days Prior to the Shipment Date
and is to remain valid in above indicated Loading Ports 15 days after the date of shipment, failing
which the Sellers reserve the right to cancel this Sales Contract and to claim from the Buyers
compensation for losses resulting therefrom.
其他条款 OTHER TERMS :
(1)异议 : 品质异议须于货到目的口岸之日起30天内提出,数量异议须于货到目的口岸之日 ALL RISK AND WAR RISK COVERED BY BUYER
起15天内提出。 但均须提供经卖方同意的公证行的检验证明. 如责任属于卖方者卖方于收到异议20天内答复买方并提出处理意见.
QUALITY/QUANTITY DISCREPANCY: In case of quality discrepancy, claim shou
ld be filed by the Buyers within 30 days after the arrival of the goods at port of destination, while for quantity discrepancy claim should be filed by the Buyers within 15 days after the arrival of the goods at port of destination. In all cases, claims must be accompanied by Survey Reports of Recognized Public Surveyors agreed to by the Sellers. Should the responsibility of the subject under claim be found to rest on part of the Sellers, the Sellers shall, within 20 days after receipt of the claim, send his reply to the Buyers together with suggestion for settlement..
(2)信用证内应明确规定卖方有权可多装或少装所注名的百分数,并按实际装运数量议付。(信用证之金额应较本售货合约的金额增加相应的百分数)
The Sellers reserve the option of shipping the indicated percentage more or less than the quantity hereby contracted, and the Letter of Credit shall be negotiated for the amount covering the value of quantity actually shipped. (The Buyers are requested to establish the L/C in accord with the indicated percentage over the total value of order as per this Sales Contract.)
(3)信用证内容须严格符合本售货合约的规定,否则修改信用证的费用由买方负担,卖方亦 不负因修改信用证而延误装运的责任。并保留因此而发生的一切损失的索赔权。
The contents of the Letter of Credit shall be in strict accordance with stipulations of the Sales Contract; in case of any variation thereof necessitating amendment of the L/C, the Buyers shall bear the expenses for effecting the amendment. The sellers shall not be held responsible for possible delay of shipment resulting from awaiting the amendment of the L/C, and reserve the right to claim from the Buyers compensation for the losses resulting therefrom..
(4)除经约定保险归买方投保者外,由卖方向中国的保险公司投保。如买方须增加保险额或 须加保其他险,可于装船前提出,经买方同意后代为投保,其费用由买方负担。
Except where the insurance is covered by the Buyers as arranged, insurance is to be covered by the Sellers with a Chinese insurance company. If insurance for additional amount and/or for other insurance terms is required by the Buyers, prior notice to this effect must reach the Sellers before shipment and is subject to the Sellers’ agreement, and the extra insurance premium shall be for the Buyers’ account..
(5)买方须将申请许可证副本(经有关银行副署)寄给卖方俟许可证批出后再即用传真通知
卖方,假如许可证被驳退,买方须征得卖方的同意方可重行申请许可证。
The Buyers are requested to send the Sellers authentic copy of the License-application (endorsed by the relative bank) filed by the Buyers and to advise the Sellers by fax immediately when the said License is obtained. Should the Buyers intend to file reapplication for License in cases of rejection of the original application, the Buyers shall contact the Sellers and obtain the latter’s consent before filing reapplication..
(6)商品检验:产地证明书或中国有关机构所签发的品质数量/重量检验证,作为品质数量/ 重
量的交货依据。
INSPECTION:The Certificate of Origin and/or the Inspection Certification ofQuality/Quantity/Weight issued by the relative institute shall be taken as the basis for the shipping Quality/Quantity/Weight..
(7)因人力不可抗拒事故,使卖方不能在本售货合约规定期限内交货或不能交货,卖方不负
责任,但是卖方必须立即以传真通知买方,如果买方提出要求,卖方应以挂号函向买方提供由中国国际贸易促进委员会或有关机构出具的证明,证明事故的存在。买方不能领到进口证不能被认为系属人力不可抗拒范围。
The Sellers shall not be held responsible if they owing to Force Majeure cause or causes fail to make
delivery within the time stipulated in this Sales contrast or cannot delivery the goods. However the Sellers shall inform immediately the Buyers by fax. . The Sellers shall delivery to the Buyers by registered letter, if it is requested by the Buyers, a certificate issued by the China council for the Promotion of International Trade or by any competent authority, certifying to the existence of the said cause or causes. Buyers’ failure to obtain the relative Import license is not to be treated as Force Majeure.
(8)仲裁 : 凡因执行本合约或有关本合约所发生的一切争执,双方应以友好方式协商解决, 如果协商不能解决,应提交北京中国国际贸易促进委员会对外贸易仲裁委员会根据中国国际贸易促进委员会对外贸易仲裁委员会的仲裁程序暂行规则进行仲裁,仲裁裁决是终局的,对双方都有约束力。
ARBITRATION : All disputes arising in connection with the Sales Contract of the executionthereof shall be settled amicably by negotiation. In case no settlement can be reached, the case under dispute shall then be submitted for arbitration to the Foreign Trade Arbitration commission of the China Council for the Promotion of International Trade in accordance with the Provisional Rules of Procedure of the Foreign Trade Arbitration commission of the China council for the Promotion of International Trade. The decision of the Commission shall be accepted as final and binding upon both parties.
买方:美国第五大道服装大卖场卖方:中国福建金苑服饰有限公司
THE BUYERS:The United States 5th Avenue clothing hypermarket
THE SELLERS: China Fujian Jinyuan Garments Co., Ltd.
买方代表签字:卖方代表签字:
Buyer representative signature: Seller representative signature:
篇4:外贸英文销售合同
Party A:
Party B:
In accordance with the Civil Code of the Peoples Republic of China and relevant provisions, both parties have reached an agreement through friendly negotiation and hereby enter into this contract.
1. Party A entrusts Party B to produce a series of clothing products. The specific specifications, models, quantities, unit prices and prices are set out in the attached list.
2. Product quality standards, special process requirements and cost burden: ___.
Iii. Delivery Time and Method: Party B shall deliver the goods within working days after receiving the advance payment from Party A, the delivery method shall be determined through negotiation, and Party A shall confirm the delivery and sign Party Bs delivery note.
Iv. Acceptance criteria and time limit: Party A shall conduct acceptance inspection according to sample clothing standards within the receipt date. If there is any quality problem, it should be raised here, and Party A shall bear the delay.
V. Packaging requirements and expenses:
Vi. Delivery method and place:
Vii. Payment of deposit Payment Amount and time:
Viii. Settlement Method and time limit: Party A shall pay the payment in cash or by transfer within the receipt date.
Ix. Service Commitment:
1. Within one month after the delivery of the products, Party B shall be responsible for replacing and modifying the products in case of quality problems caused by Party B.
2. After this mass production, if Party A proposes additional production requirements, Party B shall make the products according to the sample clothing standard on the basis that the fabric specifications, quality and price are the same as those of this product, and a separate contract shall be signed by both parties through negotiation.
10. Liability for breach of contract:
1. The processing and production of Party B shall be subject to the samples confirmed by Party A. If Party A proposes to change the fabric, style and color during the process, Party A shall bear the responsibilities and expenses arising therefrom and extend the delivery date accordingly. If Party A fails to pay the advance payment as agreed, Party B may withhold the production and extend the delivery time accordingly, until Party A pays the advance payment and starts the production according to the corresponding requirements of the contract. If Party A fails to make the payment within the agreed time, Party A shall pay Party B a penalty at the monthly interest rate of 5% of the overdue payment.
2. If Party B proposes to change the fabric, style and color during the process, Party As consent shall be obtained; otherwise, Party B shall bear the responsibilities and expenses arising therefrom. If the delivery date needs to be extended, both parties shall negotiate separately.
11. If a party fails to perform the contract due to force majeure or any cause that is not attributable to the party itself, it may be exempted from liability for breach of contract.
Xii. Other matters not covered herein shall be settled by both parties through negotiation.
Xiii. This contract is made in duplicate, with each party holding one copy. The contract shall come into force upon being signed by both parties. This contract shall be void upon completion of the transaction.
Party A:
Party B:
Date of signing: __ __ ___
篇5:外贸英文销售合同
Seller: _____________ (hereinafter referred to as Party A)
Buyer: _____________ (hereinafter referred to as Party B)
Article 1 When the buyer and seller negotiate for the transaction, they must perform the terms of this contract. Specific categories (varieties) need to sign a purchase order, as an attachment to this purchase and sales contract; For matters not covered in this contract that need to be supplemented by both parties through negotiation, an agreement may be attached and the agreement shall be annexed to the contract. The appendix to this contract shall have the same effect as this Contract. Letters, faxes, emails, etc. Shall, upon confirmation by both parties, become an integral part of and have the effect of this Contract.
Sign on the transaction list, except for the transaction distribution according to the plan stipulated by the superior, other commodities are free to buy and sell according to the sample.
Article 2 After the contract is signed, it may not be modified or terminated without authorization. Party A is unable to perform the contract due to force majeure; Due to sudden changes in the market or unavoidable reasons, Party B may modify or terminate this Contract upon mutual agreement. However, the proposer shall notify the other party in advance. Notice of Contract modification shall be issued to the other party, and the formalities for modification or termination of the contract shall be handled.
After the production arrangement, both parties shall produce the goods in strict accordance with the color, variety and specifications stipulated by Party B. In case of any change, Party B shall bear the losses arising therefrom. If Party A fails to perform the contract in accordance with the stipulated time, quality and quantity requirements, Party A shall bear the loss.
Article 3 The price of the commodities in the transaction list shall be determined by both parties through consultation or according to the national price.
At the time of signing the contract, if the price is difficult to determine, the transaction can be made at a tentative price, with the upper and lower ranges agreed by both parties.
For goods priced by the State, if the state or local competent administrative department adjusts the price within the time limit for delivery (delivery) as agreed in the contract, the price at the time of delivery (delivery) shall apply.
In case of overdue delivery, the original price shall be applied; In case of reduction, the new price shall be applied. If the delivery is overdue, the new price shall be implemented and the original price shall be implemented. The difference arising from the price adjustment shall be settled separately by the two parties.
Article 4 The mode of transport and the cost of transport shall be determined by both parties through consultation.
Article 5 For the quality standards of various commodities, Party A shall strictly implement the quality standards stipulated herein to ensure the quality of the commodities.
Article 6 The packing of the goods must be firm and Party A shall ensure the safety of the goods during transportation. If Party B has special requirements on the packaging of the commodities, the parties shall specify in the specific contract that the increased packaging charges shall be borne by Party B.
Article 7 The allocation of commodities shall be balanced and timely. The goods during the contract period may be delivered in batches of 3:3:4. Seasonal goods shall be delivered in one lump sum according to the latest and earliest dates set by the carrier; Seasonal goods, spare parts, a small number of varieties can be shipped at one time.
Article 8 Party A may deliver the goods with a period of validity exceeding two-thirds; If the validity period is less than 2/3, Party A shall obtain the consent of Party B before delivery.
Article 9 Party A shall entrust the carrier to deliver the goods according to the reasonable transport route, means and arrival station (port) determined by Party B, and strive to fill the capacity or tonnage so as to save costs.
If either party needs to change the transport route, means or arrival at the station, it shall notify the other party in time and deliver the goods after reaching a consensus through consultation, which shall affect the term of the contract and shall not be treated as breach of contract.
Article 10 The ownership of the goods shall remain with Party B upon their arrival at the carrier department. In case of loss, shortage, damage and other liability accidents in transit, Party B shall be responsible for negotiating compensation with the shipping department, and Party A shall actively provide relevant information when it needs assistance from Party A. If Party B finds any problem upon receipt of the goods, it shall promptly obtain the required records and certificates from the shipping department, conduct a detailed inspection immediately, and lodge a claim with the responsible party in time; If the relevant documents are not accompanied with the goods, Party B may, upon the arrival of the goods, declare to the shipping department the receipt of the goods and notify Party A immediately, and Party A shall reply within 5 days upon receipt of the notice. Party B shall make detailed records and keep them properly. Party B shall notify Party A within 10 days after receiving the goods. Party B shall not use the goods for its own use and all expenses incurred therefrom shall be borne by Party A.
Article 11 If the outer package of the goods is complete and any problems such as overloading, breakage, misalignment or quality are found to be truly Party As responsibility within six months after the arrival of the goods (within seven days for valuable goods), Party B may inquire with Party A.
If the goods are found to be rotten, Party A shall be notified within 30 days. After the joint study of both parties, the responsibility is clear, and the loss is borne by the responsible party. The inquiry period for the goods received by Party B shall be 60 days after Party B receives the goods. Party A shall not accept the goods overdue.
Party B shall fill in “when making inquiry to Party A; Query documents ”, single goods, not mixed. The contents of the inquiry list shall include the shipping mark, product name, specifications, unit price, packing list, invoice date, arrival date, quantity over or short, damage degree, contract number, manufacturer name, transfer order number, etc. And retain physical objects; Party A shall make a reply within 10 days upon receipt of the “inquiry Document” and deal with it within 30 days.
In order to reduce part of the inquiry business, for a variety listed in the purchase order, the loss of the surplus is less than 2 yuan, the damage is less than 5 yuan, no inquiry processing (except part). Inquiries for heavy goods (such as defective sewing machine heads and parts, etc.) Party B shall send the defective products directly to the Factory, and send the inquiry sheet to Party A, indicating the delivery date on the form.
Article 12 The seller and the seller shall, in accordance with the provisions of the settlement Measures of the Peoples Bank of China, agree on an appropriate settlement method for the settlement of goods, transportation fees and miscellaneous fees, and handle it properly and promptly.
In the payment and settlement, we should abide by the settlement discipline, adhere to the principle of “paying off the money and goods”, and the installment payment should be indicated on the transaction sheet. For state-owned and supply and marketing cooperative commercial enterprises with fixed purchasing and marketing relations, “collect and accept” settlement method; For unknown transaction units, a letter of credit can be used for settlement, or payment can be received before payment.
Article 13 If either party breaches the contract, it shall be liable for breach of contract and pay liquidated damages to the other party. If the breach causes losses to the other party, the liquidated damages are insufficient to make up for the losses, the difference shall be compensated. Where the penalty for breach of contract is excessively higher or lower, resulting in losses, the parties may request the peoples court or an arbitration institution to appropriately reduce or increase the amount.
1. According to the specific contract signed by both parties, if either party fails to perform this contract or fails to perform this contract completely, it shall pay to the other party _________% of the total contract amount as liquidated damages. However, if both parties change or terminate the contract through consultation, it shall not be regarded as a breach of contract.
2. If Party A fails to deliver the goods on time, it shall be responsible for the delay in delivery and bear the actual expenses paid by Party B; If Party B fails to take delivery of the goods on time, Party B shall pay Party A the penalty for overdue delivery according to the provisions of the Peoples Bank of China and the actual storage fee paid by Party A.
3. Party A shall bear the actual expenses paid by Party B due to Party As early delivery, overdelivery or wrong delivery during the storage period. If Party B delays in making payment, it shall pay Party A a penalty for overdue payment according to the provisions of the Peoples Bank of China.
4, within 10 days after the liability is clear, the corresponding liquidated damages, compensation, storage maintenance fees and various economic losses will be voluntarily remitted to the other party; Otherwise, the payment shall be treated as overdue, but neither party shall withhold the goods or withhold the payment for the goods to offset this.
Article 14 Any dispute arising from the performance of this contract shall be settled through negotiation in time. If no agreement can be reached through negotiation, either party may apply to an arbitration institution for arbitration or bring a lawsuit in a peoples court. (Choose one of the two)
Article 15 This contract is made in quadruplicate with each party holding two copies and shall be submitted to the local Peoples Bank and relevant departments for supervision and implementation.
Article 16 This contract (agreement) is signed by both parties and is valid for one year. If no objection is raised by both parties, the contract shall be automatically extended. If dates are involved, the date of receipt and stamp of the post office shall prevail.
Party A: (seal) _____________ Party B: (seal) ____________
____ ___ days ____ ___ days
篇6:外贸英文销售合同
Party A:
Party B:
Party A employs Party B to be a foreign trade business employee of xxx Company (hereinafter referred to as Party A), and the two parties reach the following agreement regarding the employment matters:
1. In the principle of sincere cooperation and common development, both parties hereby enter into this Agreement through friendly negotiation.
2. Party B shall be a legal citizen with full civil capacity and labor capacity.
3. Party B shall provide authentic and legitimate personal information and go through relevant procedures. Party B can become Party As foreign trade business personnel only after Party As verification is correct.
4. Party B shall read this Agreement in detail and understand all relevant provisions of Party A, have a high degree of awareness and loyalty to Party As business philosophy, and voluntarily maintain and comply with all rules and regulations of Party A.
5. Party A shall pay corresponding performance commissions according to Party Bs sales performance. If the business personnel have travel expenses, Party B shall truthfully reimburse the corresponding expenses according to regulations.
6. In order to facilitate Party Bs market expansion, Party A shall provide Party B with the appropriate operating platform. All customers developed by Party B during the term of office shall be owned by Party A. Party B shall not place any private order. Once found, Party B will be held legally responsible.
7. Party B is a professional. If Party B has no performance or fails to achieve the performance stipulated by the Company in the case of the information provided by Party A, Party A shall have the right to terminate the labor relationship between the two parties as required.
8. Party B shall keep all company information confidential, including shall not submit the companys customer resources and product price list to the same industry after leaving the company (employees shall not enjoy any company resources, such as msn, email, b2b), and shall be liable for the damage caused to the company.
9. Party As probation period is one month. During the probation period, Party Bs basic salary is rmb xx/ month and provides accommodation (living in collective dormitory).
10. Party Bs sales commission shall be calculated according to the following methods:
Sales: rmb 0~10000 The salary of Party B is basic salary
Sales: rmb 10001~0 Party Bs salary is: basic salary + (sales -10000) x2%
Sales: rmb 20000 or more Party Bs salary is: base salary +200+ (sales -20000) x3%
11. If Party Bs performance during the probation period meets the conditions for his/her promotion, Party A shall grant him/her promotion and increase his/her basic salary (depending on his/her performance not exceeding 300).
12. After becoming a regular employee, Party A shall provide Party B with a quarterly salary increase, which shall not exceed 300 yuan each time depending on Party Bs performance.
11. Party B can be promoted to business supervisor if he/she performs well; After being promoted as a business supervisor, Party B shall enjoy one-thousandth of the business sales commission point. If Party Bs mistake results in the Companys total sales without profit and the company is not paid any commission, or the companys interest reaches a low point due to the quotation to the customer, Party A and Party B shall separately negotiate the performance commission. If Party B has no performance during the probation period, Party A shall have the right to terminate the employment relationship.
12. During the probation period, Party B can not ask for leave (except for special circumstances). If Party B asks for leave for more than 5 days, the contract will not take effect (cant be so), and no salary will be paid. In addition, if Party B wants to leave the company during the probation period, he/she shall submit a resignation application three days in advance.
12. Employee salary payment: The employee salary must be pressed for one month, and the salary is paid on the 18th of each month. Commission payment: After receiving the customers payment and confirming that the customer has received the goods, the commission is paid together with the last months salary.
13. Party B shall submit the resignation application one month in advance, and shall be allowed to leave the company after completing the handover procedures as required, otherwise no salary will be paid. Three days of absenteeism will be treated as automatic resignation, and the monthly salary will not be paid (the salary will be paid), and the damage caused to the company will be compensated.
14. This Agreement is valid for one year and can be renewed upon expiration.
15. This Agreement is made in triplicate, with each party holding one copy and one copy on file. The three contracts shall be equally authentic after being signed.
Party A (official seal) : _________ Party B (official seal) : _________
_________ ________ _________ ________
篇7:外贸英文销售合同
Party A (Buyer) : ______________
Party B (Seller) : ______________
Based on the principles of voluntariness, equality, mutual benefit, good faith and good faith, Party A and Party B, through full and friendly negotiation, enter into the following contract terms and conditions for mutual adherence and performance.
Article 1 Subject of transaction
1. Name: ______________
2. Variety: ______________
3. Specification: ______________
4. Price: ______________
Article 2 Guarantee of quality and quantity
The sellers guarantee that the goods are new and in conformity with the specifications and quality specifications stipulated in the contract. The quality guarantee shall be valid for ________ months after the arrival of the goods at the port of destination.
Article 3 Country of production and manufacturer
1. Country of Production: _____________________
2. Manufacturer: _____________________
Article 4 Packing
It shall be able to meet the basic requirements of anti-crushing and moisture-proof, or meet other requirements proposed by Party A.
Article 5 Terms of Payment
Fob terms:
1. According to the contract, the sellers shall notify the buyers by cable (or letter) _______ days prior to shipment the contract number, name of goods, quantity, value, case number, gross weight, dimensions and when the goods can be delivered at the port of dispatch for the buyers to book space.
2. If the goods are to be sent by post (or air), the Sellers shall notify the Buyers by cable (or letter) _______ days prior to shipment, in accordance with clause _______, of the approximate time of shipment, contract number, name of the goods, price, etc. The Seller shall notify the buyer of the contract number, name of the goods, price and the date of shipment immediately after delivery, so as to facilitate the Buyer to purchase insurance in time.
Article 6 Shipping Advice
The Seller shall, immediately after the completion of loading, notify the Buyer by letter or cable of the contract number, name of goods, quantity, invoice price, gross weight, name of vessel and date of shipment. If the buyer fails to purchase the insurance in time due to the Sellers failure to notify in time, the seller shall be liable for all losses.
Article 7 Terms of shipment
1. Ocean shipping: full set of clean loaded on board bills of lading to order in blank, endorsed by the consignor in blank indicating “freight payable”, “freight paid” and notified to ________ company of the port of destination.
2. Airmail package: ________ A copy of air waybill marked “freight collected” and “freight paid” shall be delivered to the buyer.
3, _______ copies of invoice, indicating the contract number and shipping mark (if more than one shipping mark, the invoice should be separated, details should be handled according to the contract).
4. Packing list in _______ copies issued by the manufacturer.
5. Certificate of quantity and quality issued by the manufacturer _______ copies.
6. Immediately after the shipment, inform the buyer by cable or letter of the details of the shipment. In addition, the seller within... days after shipment, want to use airmail send... all of the above documents, a directly sent to the consignee, the other a _____ company directly sent to the destination port.
Port and consignee of Article 8
________________.
Article 9 Time Limit for shipment
Receipt of irrevocable L/C _______ days.
Article 10 Shipping marks
The Seller shall clearly mark on each case the case number, gross weight, net weight, volume and the words “Keep away from moisture”, “Handle with care”, “This side up” and shipping mark.
Article 11 Insurance
1. The buyer shall take care of himself after shipment.
To be insured by the seller ____________.
Article 12 Claims
If the quality, specifications or quantity of the commodities are found to be not in conformity with those stipulated in the contract within _______ days after the arrival of the port of destination, the buyers shall be entitled to propose replacement of the commodities with good quality or claim for compensation by presenting the inspection certificate issued by ________ The Inspection Bureau, and all expenses such as inspection fee, insurance fee and loading and discharging fee shall be borne by the sellers. However, if the claim is the responsibility of the insurance company or the carrier, the seller shall not be liable. If the goods are damaged due to inferior quality during use within _______ months after arrival at the port of destination, the buyers shall immediately notify the sellers in writing and lodge claims against the Sellers on the basis of the inspection certificate issued by ________ Bureau. The Seller shall be responsible for the immediate elimination of defects at the Buyers request and, if necessary, at the Buyers expense. Should the Seller fail to respond to the Buyer within _______ months after receipt of the aforesaid request, the Seller shall be deemed to have accepted.
Article 13 Force Majeure
The Seller shall not be liable for any delay in shipment or failure to deliver the goods mentioned in this Contract due to force majeure in the course of manufacture and shipment. The Seller shall immediately notify the Buyer of the aforesaid accident and within _______ days thereafter airmail to the Buyer a copy of the accident certificate issued by the Government as evidence. The Seller shall still be responsible for taking necessary measures to speed up the delivery of the goods and the Buyer shall have the right to cancel the contract if the accident continues for more than _______ weeks.
Article 14 Late delivery and fine
If the Seller fails to deliver the whole or any part of the goods mentioned in this Contract on time or late, and the Seller agrees to a penalty, the Buyer shall agree to the delay in delivery, provided that the delay in delivery is caused by force majeure and the penalty may be deducted from the payment by the paying bank after negotiation. The fine shall not exceed delays... % of the total cost of the goods, fine rate per day... for... %, insufficient press the day number... day... day. The buyers shall be entitled to cancel the contract if the sellers still fail to deliver the goods more than one week beyond the time of shipment stipulated in this contract _______. Notwithstanding the cancellation of the contract, the Seller shall pay the above-mentioned penalty to the Buyer without delay.
Article 15 Arbitration
All disputes arising out of the execution of this Agreement shall be settled amicably by both parties through negotiation. In case no settlement can be reached through negotiation, the case shall be submitted for arbitration to ______________ arbitration Commission which shall submit the case for arbitration in accordance with its arbitration procedures. The arbitration award shall be final and binding upon both parties. The arbitration fee shall be borne by the losing party.
Article 16 This Contract shall come into force after being signed by both parties in _______ originals in both Chinese and English, each party holding _______ originals, each of which shall be equally authentic.
Party A (signature) : ______________ Party B (signature) : ______________
On ______ ______ _______ years on ______ ______ _______ years
篇8:外贸英文销售合同
Seller: ______
Buyer: ______
Through friendly negotiation, the authorized representatives of both parties have reached an agreement to sign the sales confirmation, the terms of which are as follows
1. According to the requirements of the buyer, the Seller agrees to provide spare parts and sell according to the sellers sample;
2. The total amount of this sales confirmation of payment for U.S.D. (capital: _____ dollars) to us your price on FOB basis, namely includes the following: the ___
(1) Price;
(2) the transportation cost of the goods from the production plant to the port of delivery;
(3) Packaging fees suitable for air transport conditions;
(4) The Buyer entrusts the Seller to transport the goods mentioned in the sales confirmation from the port to the Port by air. Transportation, insurance, handling and other expenses are to be paid by the buyer.
3. The Company will issue a cash cheque to the bank on the date of payment. Upon receipt of the cash cheque, the Seller will issue the following documents: ___
(1) Air waybill;
(2) Commercial invoice (freight, insurance and handling charges, etc.);
(3) Packing list in two copies (one copy into the box).
4. The goods of this sales confirmation are packed by air and the following marks are written in English on both sides of each case: ___ Net weight (kg) : ___ Length × width × height: ___ mm × mm × mm Port of discharge: ___ Consignee: ___ Shipper: ___ Sales Confirmation Number: ___
Step 5 Guarantee
(1) The Seller warrants that the parts are free from defects in rights, and that any products provided by the Seller to the Buyer are legal products without infringing the intellectual property rights of any third party or any other illegal situation, and that the Buyer will not infringe the legitimate rights and interests of others due to the performance of this contract. If the Buyer is involved in litigation due to the reasons of the Seller, all adverse consequences shall be borne by the Seller.
(2) Both parties warrant that all statements made in this Contract at the time of conclusion are true.
(3) Either party shall compensate the other party for the losses caused by its breach of the above obligations, and the non-breaching party shall have the right to terminate the contract.
6. Confidentiality Both parties shall be obliged to keep confidential the technical information and other trade secrets of the other party known to them for the performance of this Contract, and shall not let any third party know the confidential information. This clause shall not become invalid due to the invalidity of this Contract, and the confidentiality obligation shall not be waived due to the termination or rescission of this Contract.
7. Dispute Settlement Any dispute arising from the performance of this Contract shall be settled by the parties through friendly negotiation. If no agreement can be reached through negotiation, either party shall have the right to bring a lawsuit in the peoples court. This Contract shall be interpreted and disputes resolved in accordance with the laws of the Peoples Republic of China.
8. The sales confirmation in both Chinese and Chinese shall be effective as of the date of signature by the final representative.
Seller (signature) : ___
Buyer (signature) :
___ ___ month ___
篇9:外贸英文销售合同
Party A (Supplier) :
Party B (Purchaser) :
Article 1. Object of Contract
The supplier agrees to sell and the purchaser agrees to buy ________.
Article 2. Technical data
The supplier shall provide the Purchaser with a copy of technical data on the use and maintenance of the equipment.
Article 3. Conditions of Supply Packaging and marking
1, the supplier should __________ the months after the equipment in full l/c to open packed in sealed container or other covering from the ___________ delivery device.
2. The Supplier has the right to ship the equipment from any port convenient to it.
3. The Supplier shall ship the equipment to the agreed port ___________ on the East coast of the former Soviet Union.
4. The risk of loss and/or damage to the goods shall pass from the supplier to the purchaser upon the arrival of the vessel at ________.
5. The supplier shall bear all expenses for the transportation of the equipment and the insurance premium before its arrival at the port.
6. The Purchaser shall bear all costs for the equipment to be transported from the port of CIS to the place of installation.
7. The Supplier shall notify the Purchaser of the delivery status, specifying the type and name of the means of transport, the planned delivery date and other relevant information within __________ days prior to delivery.
8. The Purchaser shall pay all the costs of customs formalities and all expenses related to the transport of the equipment into the territory of CIS.
9. Equipment and technical data shall be shipped in sealed containers or other envelopes and attached with packing lists, marked in English.
10. Delivery documents package:
(1) Shipping bill
(2) Ocean bill of lading
(3) Packing list
(4) Insurance policy
Article 4 Equipment quality
The quality of the equipment supplied under this contract shall conform to the technical conditions of the manufacturer. If the manufacturer has a warranty, use the warranty to confirm.
Article 5. Contract Price and payment terms
1. The total amount of the equipment supplied is ____________ USD. The purchaser shall open an irrevocable and confirmed L/C in favour of the supplier within ________ days after the signing of the contract. The letter of credit will remain valid for ________ days from the time of its opening.
2. The issuing bank shall be a foreign economic bank of the Commonwealth of Independent States or a bank in Japan, South Korea, Western Europe, the United States or Canada.
3. All charges in connection with the opening of the credit with the issuing bank shall be borne by the purchaser and all charges in connection with the collection of the credit by the negotiating bank shall be borne by the supplier.
4. Payment shall be made after the following documents are presented to the negotiating bank:
(1) Shipping bill
(2) Ocean bill of lading
(3) Packing list
(4) Insurance policy
Article 6 Warranty
The Supplier warrants that the supplied equipment shall work normally for _______ months from the date of putting into use but not more than _______ months from the date of delivery.
Article 7. Force Majeure
1. If a party is unable to perform its obligations hereunder in whole or in part due to force majeure, the performance of its obligations hereunder shall be postponed as long as such force majeure exists.
2. Force majeure refers to circumstances arising from extraordinary events that cannot be foreseen or predicted by the parties, namely: fires, storms, earthquakes and other natural phenomena affecting the performance of obligations undertaken, as well as wars, military actions of any nature, blockades and sanctions by governments of various countries, etc.
3. The party that is unable to perform its obligations due to force majeure shall notify the other party in writing of its occurrence and cessation within 20 days after the occurrence and cessation of the force majeure. The date stamped by the post office of the recipients country on the date of receipt of the notification letter shall be the date on which the information is received.
4. The certificates issued by the Chambers of Commerce of both countries shall be the necessary evidence to prove the occurrence and duration of the above circumstances.
5. If some cases continue for more than 3 months, each party has the right to refuse to continue to perform the obligations of this contract, and neither party has the right to claim compensation from the other party for possible losses.
Article 8 Arbitration
1. All disputes or differences that may arise out of this Contract shall be settled amicably by the parties hereto.
2. If no settlement can be reached, the dispute shall be submitted to ______ Arbitration Commission for adjudication in accordance with its rules and regulations (except in cases brought before ordinary courts). The decision of such commission shall be final and enforceable by both parties.
Article 9. Notice
All notices shall be made in writing by both parties in accordance with the terms and conditions of this contract.
Article 10. Language
In this contract, all technical data and supply documents of ______ are provided to the supplier by _____.
Article 11. Other conditions
1. From the date of signing this Contract, all relevant negotiations and correspondence prior to this date shall become invalid.
2. Any amendment or supplement to this Contract shall become effective only when it is made in writing and signed by the relevant plenipotentiary representatives of both parties.
3. Neither party shall have the right to assign its rights and obligations under the contract to any third party without the written consent of the other party.
4. This contract is signed on ____ ________ in ____ originals, both of which shall be equally authentic.
Supplier:
Purchaser:
Date:
篇10:外贸英文销售合同
sellers: sellers:
buyers: buyers:
Any dispute arising from the performance of this Agreement shall be settled by both parties through friendly negotiation. In case no settlement can be reached through friendly negotiations, the case shall be submitted to the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade for arbitration in accordance with its provisional rules of procedure. The decision of the Commission shall be final and binding upon both parties. Unless otherwise provided, the arbitration fee shall be borne by the losing party.
The Seller and the buyer agree to sell the goods by the seller on the following terms and conditions, and the Buyer to buy the following goods:
1. Article Number:
2. Product name and specification: ________
3. Quantity: _______________
4. Unit price: ________
5. Total value: The quantity and total value are subject to _____% increase or decrease at the sellers discretion.
6. Producing countries and manufacturers:
7. Packing: ________
Shipping mark: ________
9. Time of shipment: ________
Loading port: ________
11. Port of destination: ________
Insurance: To be covered by Sellers for 110% of full invoice value up to _____ _____ risk.
13. Terms of Payment: The buyers shall reach the sellers by confirmed, irrevocable, transferable and divisible letter of credit at sight on _____ _____ _____. The L/C is valid for negotiation and expires in China 15 days after the above mentioned shipment date. The L/C must indicate that sub-shipment and transhipment are allowed.
14. Documents: ________
Shipping terms: ________
16, quality and quantity, weight differences and claims:
17, human irresistible factors:
18. Arbitration:
Either Party shall not be held responsible for failure or temporary failure to perform this Agreement in whole or in part due to flood, fire, earthquake, drought, war or other events that cannot be foreseen, controlled, avoided or overcome by either party. However, the party affected by the force majeure event shall notify the other party of the occurrence of the event as soon as possible, and within 15 days after the occurrence of the force majeure event, the certificate of the force majeure event issued by the relevant authority shall be sent to the other party.
The parties agree to enter into this agreement on the following terms and conditions.
Article 1. Definitions
1.1 Products: The products referred to herein shall mean the products manufactured and sold by Party A under its trademark (product name __________) and other commodities agreed by both parties in writing from time to time.
1.2, the district: areas referred to in this agreement refers to _______ the _______________________.
1.3 Trademark: The trademark referred to in this Agreement means (full name of trademark) _______________________.
Article 2. Appointment and Legal Relations
2.1 Appointment: During the validity of this Agreement, Party A appoints Party B as its agent in order to obtain orders for products in the region. Party B is willing to accept and undertake this commission.
2.2 Legal Relations: The rights and powers granted to Party B herein are limited to those granted to general agents, and this Agreement does not create any other relationship or give Party B any right to represent or bind Party A to any other agreement. In particular, this Agreement does not constitute or appoint Party B as a representative, employee or partner of Party A. The Parties expressly understand and agree that under no circumstances shall Party A be liable for any loss that Party B may suffer, whether in whole or in part.
2.3 Instructions: Party B shall strictly comply with instructions sent by Party A from time to time. Party B shall try to protect Party As interests and compensate Party A for any claims, debts and liabilities arising from Party Bs exceedance or breach of Party As instructions.
Article 3 Responsibilities of Party A
3.1 Advertising materials: At the actual cost, the Chinese Side shall provide Party B with a reasonable amount of product samples, samples, price lists, brochures for advertising and publicity and other auxiliary materials related to product promotion.
3.2 Payment Promotion: Party A shall do its best to support Party B in promoting the products; Party A shall not take the initiative to make offers to other customers in Party Bs territory.
3.3 Referral of Customers: Unless otherwise provided herein, if other customers in the region directly inquire or order from Party A, Party A shall refer such customers to Party B for contact.
3.4 Price: Party A shall keep the price information of the products provided by Party B as stable as possible and shall promptly notify Party B of any change to facilitate sales promotion.
3.5 Preferential Terms: Party A shall provide the most preferential terms for Party B to obtain orders. In the future, if Party A offers more favorable terms than this Agreement for selling products to other customers in the region, Party A shall immediately notify Party B in writing and provide Party B with more favorable terms than this Agreement.
3.6 Warranty: Party A warrants that if the products sold under this Agreement are proved to be of inferior quality at the time of sale and are approved by Party A, Party A shall repair or replace them free of charge. However, this warranty of free repair or replacement is limited to the extent that the product has not been altered or improperly used after sale. Apart from the above warranties, both parties agree not to provide any other warranties.
Article 4 Responsibilities of Party B
4.1 Sales Promotion: Party B shall actively promote the sales of the products, obtain orders, and maintain a sales organization with a considerable scale and sufficient capacity to facilitate the smooth development and expansion of the products business in the region.
4.2 Prohibition of Competition: Except with the written consent of Party A, Party B shall not manufacture, purchase, obtain orders, or assist in marketing the same or similar products of other countries, or resell the products hereunder to other countries and regions.
4.3 Minimum Sales: Within the first twelve months during the term hereof, the total amount of orders for products obtained by Party B from customers in the Territory shall not be less than ______ Yuan. It will increase by 15% every 12 months.
4.4 Expenses: During the term hereof, Party B shall bear all expenses incurred in promoting and obtaining product orders in the Territory, such as telegram fees, travel fees and other expenses, except as otherwise provided herein.
4.5 Product Price and Conditions: Party B undertakes to sell the products at the prices and conditions specified by Party A at any time during the term hereof. When acquiring orders, Party B shall fully inform the customer that Party As sales confirmation or some terms in the contract and any orders shall be valid only after Party Bs confirmation and acceptance. Any product order received by Party B shall be immediately forwarded to Party A for confirmation or rejection.
4.6 Supervising the performance of the Contract: Party B shall urge the buyer to perform the contract in strict accordance with the terms of the sales confirmation or contract, such as timely issuance of letters of credit, etc.
4.7 Market Reports: Party B shall be responsible for providing Party A with written market reports about the products on a monthly (or quarterly) basis, including the sales situation, price, packaging, marketing methods, advertising materials, customers reactions and opinions of similar products in the market. In case of major changes in market conditions, Party B shall promptly notify Party A by telegram.
Article 5. Commission
5.1 Commission Rate and payment method: For all orders obtained by Party B and confirmed by Party A, Party A shall, upon receipt of the full payment for each transaction, pay to Party B _________ commission per invoice net selling price. For convenience of settlement, commission is remitted once a month (quarter). In case of return of goods, Party B shall refund the relevant commission to Party A.
5.2 Calculation basis: The above invoice net selling price refers to the total amount (or gross selling price) of the products issued by Party A after deducting the following expenses, provided that these expenses are included in the gross selling price:
(1) Customs and excise duties:
(2) Packing, freight and insurance:
(3) Commercial discounts and quantity discounts:
(4) Payment for returned goods:
(5) Deferred payment interest:
(6) Party Bs commission:
5.3 Direct Transactions of Party A: If any customer in Party Bs territory still insists on direct transactions with Party A despite having known the trade relationship between Party A and Party B or having been referred to Party B by Party A, Party A shall have the right to enter into transactions with such customer, retaining _________ commission with Party B and treating such transaction as part of the minimum sales set forth in Paragraph 4.3 hereof.
If a customer in Party Bs territory enters into a transaction with Party A for the products during its visit to China (including participating in various trade fairs held in China) and the destination port is Party Bs agent territory, Party A shall have the right to accept the order without retaining any commission for Party B or including the aforesaid minimum sales.
5.4 Excess commission: If Party B actively promotes the products and exceeds the minimum annual sales (calculated according to the actual shipment amount) during the term hereof, Party A shall, in addition to the prescribed commission, pay Party B additional reward commission for the excess:
(1) In case of 50% excess, the bonus commission will be 50% _________;
(2) In case of 100% or more excess, the award commission will be % _________. The reward commission shall be settled by Party A and remitted to Party B in one lump sum at the end of the year.
Article 6. Validity Period of the Agreement
This agreement is valid for ______ years and will become invalid automatically upon expiration. If both parties agree to extend this Agreement, either party shall notify the other party in writing ______ days prior to its expiration for mutual confirmation
Article 7. Termination of the Agreement
7.1. Termination: Both parties hereto shall implement all terms and conditions conscientiously and responsibly. Each party may immediately terminate this Agreement or cancel any part thereof by written notice to the other party under the following conditions:
(1) If either party fails to perform any of its obligations under this Agreement and such breach is not rectified within ______ days after receipt of the other Partys written notice requiring it to be rectified;
(2) if a party automatically or involuntarily applies for a declaration of bankruptcy, automatically or involuntarily applies for reorganization, liquidation, dissolution, or has appointed an estate administrator to that party;
(3) In the event of a breach of Article 8 of this Agreement relating to the use or registration of the trademark;
(4) In case of Force majeure caused by Article 9 of this Agreement, a party is still unable to perform its obligations after the expiration of _________ days.
7.2 Effect of Termination: Termination of this Agreement shall not release the Parties from any outstanding debts incurred in accordance with this Agreement. Any loss suffered by the other party due to the breach of contract by either party prior to the termination of this Agreement shall still be entitled to claim compensation from the other party and shall not be affected by the termination of this Agreement. Party B hereby declares that Party B waives any claim for compensation or compensation for damages caused by termination of this Agreement, but Party A shall still pay the commission due to Party B before termination of this Agreement.
Article 8. Trademarks
The trademarks, designs and other marks currently owned and used by Party A are the property of Party A and shall not be used or registered by Party B, directly or indirectly, in whole or in part, without the special written consent of Party A. Even if Party A specifically agrees in writing to Party B to use it in a certain way, such use shall cease and be cancelled upon expiration or termination of this Agreement.
In case of any dispute or claim concerning the above rights, Party A shall have the right to immediately and unilaterally cancel this Agreement without assuming any liability arising therefrom.
Article 9. Force Majeure
No claim shall be made by either party for any delay or inability to perform all or part of the terms of this Agreement, directly or indirectly, due to force majeure. Such causes include: floods, fires, wind disasters, earthquakes, tsunamis, lightning strikes, epidemics, wars, blockades, embargoes, seizures, threats of war, sanctions, disturbances, control of electricity, prohibition of imports or exports, or other similar causes beyond the control of the parties, or other special causes agreed upon by the parties.
The party concerned shall, within _________ days after the occurrence of the accident, notify the other party in writing and provide certificates issued by the local authorities to prove the existence of the force majeure accident.
Article 10. Arbitration
All disputes arising out of or in connection with this Agreement shall be settled through friendly negotiation. If no settlement can be reached through negotiation, both parties agree to submit the case to China International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitration rules. The arbitral award shall be final and binding upon both parties. Neither party shall apply to the court or other institution for change by litigation or other means. The arbitration fee shall be borne by the losing party and shall be handled in accordance with the arbitration award if otherwise stipulated.
Article 11. Transfer
Neither party shall transfer any of its rights and obligations under this Agreement to any third party without the prior written consent of the other party. Any assignment shall be void without the express written consent of the other party.
Article 12, Entry into force of the Agreement and others
12.1 Effective Date: This Agreement shall come into force immediately upon signature by both parties.
12.2 Matters not Covered herein: If any matters not covered herein need to be added or modified, the Agreement shall not come into force until it is submitted in writing and signed by duly authorized representatives of both parties.
12.3 Headings: The headings of the terms of this Agreement are for convenience only and shall not limit or affect the substance of any of the terms of this Agreement.
12.4. Entire Agreement: This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof. Except as expressly provided in this Agreement, no previous conditions, representations or warranties, whether written or oral, shall be binding on the Parties with respect to the subject matter hereof.
12.5 Official text: This Agreement and the annexes are made in Chinese and English. Each text has two originals and two copies. After signing, each party holds one original copy and the two texts are equally authentic.
12.6 Government Trade: This Agreement shall not apply to trade between the governments of both parties or transactions between the governments of Party A and Party B, nor shall it apply to barter trade or bidding transactions.
Party A (seal) :
Party B (Seal) :
_________ ____ month ____
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