Các mẫu hợp đồng ngoại thương + FN
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31-03-10, 08:03 AM
Join Date: Jan 2010
Location: Hai Phong
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Hợp đồng ngoại thương + Fixture Note
31-03-10, 08:03 AM
1. HỢP ĐỒNG MUA BÁN GIẤY BÁO IN
Contract for Newsprinting paper
Contract ( No 205 TL)
Vietnam Scientific- Production Union of Geodesy and Cartograhpy
Lang Trung - Dong Da - Ha Noi - Vietnam
Tel: 42.846829 Telex: 294887 Vietco VT
Hereinafter called the Buyer
BOO SON Co., LTD
RM. 306, DONGHWA BLDG
19-2, NONHYUN - DIONG, KANGNAM - KU
Cable address: TWOHANDCO, SEOUL, KOREA
Hereinafter called Seller
It has been agreed that Buyer buys and Seller sells on the terms and conditions as follows:
ARTICLE 1: DESCRIPTION - SPECIFICATION- QUALITY- QUANTITY
1. Description: NEWSPRINTING PAPER
2. Country of origin: CHINA
3. Maker's name:
4. Quality/ Specification: Substance: 49 +/- 2 g/m2
Ro IL 787 mm width
5. Quantity: 200 MT +/- 5%
6. Packing: EXPORT STANDARD
Substance: 49 g/m2 +/-2
Destination: Haiphong Port
ARTICLE II: PRICE
Price to be understood CIF Hai Phong port including Seaworthy packing
Unit price: USD 535/MT
Total amount: USD 107,000.00
Say: United States Dollar one hundred and seven thousand only
ARTICLE III: DELIVERY TIME
40 days after L/C received
ARTICLE IV: PAYMENT
By irrevocable Letter of Credit in U.S Dollar within 180 days with 0.8% of dividend ( in favour of ) each the Seller and payable and payable on presentation to the Bank for Foreign Trade of Vietnam of the following documents, each in three copies:
- Clean on board Bill of Lading
- Commercial Invoice
- Certificate of weight and/or quantity
- Certificate of Quantity issued by the Seller and/or the Maker
- Certificate of Origin issued by Chamber of Commerce and/or the Seller
- Insurance Policy
- Receipt of Shipmaster acknowledging it duly having received 3 sets of non- negotiation shipping documents as above mentioned
- Letter of Credit will be valid for 15 days after loading completed. The Buyer and the Sller will bear bank charges in their respective country but charges for amendment or extension of L/C will be borne by party that requires.
ARTICLE V: INSURANCE / SHIPMENT
1. Insurance :
Insurance for the contracted goods will be covered by the Seller by All Risk Policy
2. Notice of shipment:
- Pre- advice of shipment: Before shipment of the goods the Seller shall advice by cable/telex the Buyer of estimated time of shipment and name of carrying vessel
- Final advice of shipment: within 24 hours after shipment the Seller shall advice by cable/telex : Contract No, quantity, gross weight, net weight, measurement, number of packages, invoice value, name of carrying vessel, Bill of Lading number, sailing date for insurance purpose
ARTICLE VI: PORT DICHARGE AND INSPECTION
The Buyer will be entitled to have the goods inspected by Vinaconntrol at the destination, if any discrepancy arises in respect of quantity and quality the Buyer will first lodge claim by cable with the Seller, then within 90 days from the date of discharge will make a formal claim with supporting documents, such claim shall be setlled by the Seller within 30 days from its receipt of the Buyer's formal claim
ARTICLE VII: FORCE MAJEURE
Neither party shall be held responsible for delay of failure of performance of obligations provided for herein when such delay or failure is caused by strike, fire, flood, Act of God, earthquake or any laws, rules,or regulations of any governmental authority or other conditions beyond its control which can not be forecast or provided against and provided one or both parties are subject to such obligation.
The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing of the circumstance its commencement and ceasation and then deliver a certificate issued by the Chamber of Commerce at the place where the event or events occured as evidence thereof; In the event of delay caused by such force majeure exceeding 60 days each party shall have the right to cancel his contract, unless otherwise agreed, in which case neither party shall have the right to claim damages
ARTICLE VIII: ARBITRATION
This contract will be governed by the provision of Incoterms 1990. If any dispute that arises under this contract can not be settled by an amicable agreement between the two sides, the matter shall be settled by the Internatiional Commercial Arbitration in Paris in accordance with its rules
ARTICLE X: OTHER CONDITIONS
The Buyer shall give a guarantee pursuant to procedure at the Bank for Foreign Trade of Vietnam
FOR THE SELLER
FOR THE BUYER
2. FIXTURE NOTE
CHRTS: MIRAMAR SHIPPING PTE LTD
OPERATOR: VINA S.E.A., JSC
VESSEL: MV. HUFASTAR 01
MV. HUFASTAR 01 WILL OPEN GRESIK
FLAG/BUILD: / MONGOLIA/1977
DWT/GRT/ NRT: 6300/4372/2252
LOA/ LBP : 106..20/16.64/ DRAFT : 8.51 M
HOLDS/HATCH : 2/2
DERRICK: 4x 10MT, G/B CAPA 8,620 / 7,936 CBM
DEC 14 LOADING 5000MT FERT IN BINTU LU
DEC 18 ETCL
DEC 24 ETA GRESIK
DEC 28 ETCD
DEC 30 ETA SINGAPORE
1. CARGO QUANTITY: MIN/MAX 5000 NMT BITUMEN IN DRUM. SF: 1.6
2. L/D PORT : 1 SB 1SP REFINERY SINGAPORE/1 SB 1SP BEIHAI, CHINA
3. LAYCAN : 30TH/DEC,2009 – 2ND/JAN ,2010
4. OCEAN FREIGHT: USD24.00 PNMT BSS FILO 1/1
5. L/D RATE : FREE-IN CQD / LINER-OUT
6. DEADFREIGHT : CHRTR MUST PAY FULL O/FRT TO THE OWNER’S ACCT IF FAIL TO SHIP/SHORTSHIP CARGO TO THE AGREED QUANTITY AS TERM 01 AND 04 UNLESS VSL CAPACITY FAIL TO LOAD.
7. AGENT : CHTR‘S AGENT AT L/PORT WITH REASONABLE PDA WHICH IS APPROVED BY OWNER, OWNER’S AGENT AT D/PORT
8. FREIGHT PAYMENT : FULL FREIGHT LESS ADDCOM IF ANY TO BE PAID IN USD 3 BANKING DAYS AFTER VESSEL LOADING COMPLETION SIGN RELEASE BILLS OF LADING MARK “FREIGHT PREPAID” “CLEAN ON BOARD” BUT ALWAYS BEFORE BREAK BULK FREIGHT DEEMED EARNED/DISCOUNTLESS NON RETURNABLE UPON CARGO LOADED ON BOARD VESSEL WHETHER CARGO/SHIP LOST OR NOT LOST.
9. DETENTION : USD4000-PER DAY OR PRORATE IF CARGO AND/OR DOCUMENTS NOT READY UPON VESSEL’S ARRIVAL AT BENDS.
10. DUNNAGE/LASHING/MATERIAL/TERMINAL CHECKER’S FEE TO BE FOR CHARTERER'S ACCT
11. SHIPSIDE/DOCKSIDE TALLY TO BE FOR OWNER’S/CHARTERER’S ACCOUNT RESPECTIVELY.
12. OWNER ALLOWS FREE USE OF VESSEL’S DERRICKS/CRANES AND IF SHORECRANE REQUIRED AT LOAD PORT TO BE FOR CHTR’S ACCOUNT. SHORE CRANE AT DISCHARGE PORT FOR OWNER’S ACCOUNT
13. ANY TAXES/DUES ON VESSEL/FREIGHT TO BE FOR OWNER’S/CHARTERER’S ACCOUNT RESPECTIVELY.
14. OWNER’S B/L WILL BE USED.
15. SHIPPER’S SURVEYOR TO HAVE A SAFETY INSPECTION OF VESSEL AT CHARTERER’S ACCOUNT.
16. OWNER TO AUTHORIZE LOAD PORT AGENT TO SIGN AND RELEASE B/L UPON COMPLETION OF LOADING.
17. VESSEL TO SAIL DIRECT FROM LOADING PORT TO DISCHARGE PORT.
18. CARGO TO BE DELIVERED AGAINST ORIGINAL B/L OR BANKER’S GUARANTEE ONLY.
19. OWNER/MASTER TO TELEX/CABLE/EMAIL ADVISE 5/3/2/1 BEFORE VESSEL ARRIVAL AT LOADING AND DISCHARGE PORT.
20. OWNER TO INFORM CHARTERER VESSEL MOVEMENT CLOSELY.
21. ARBITRATION IN HONG KONG IF ANY AND ENGLISH LAW TO APPLY.
22. OTHERS AS PER GENCON C/P 1976 AND REVISED 1994.US.
23. LAYDAYS TO COMMENCE: LAYTIME TO COMMENCE AT LOADING PORT/POINT AND DISCHARGING PORT /POINT FROM 01 P.M. IF NOTICE OF READYNESS TENDERED AT OR BEFORE NOON AND AT 08 AM ON THE NEXT DAY IF NOTICE OF READYNESS TENDERED AFTERNOON, UNLESS WORKED SOONER WHERE UPON LAYTIME TO BEGIN EACH.
24. VSL’S CARGO HOLD TO BE DRY/CLEAN/UNRUSTED AND SUITABLE FOR CARGO LOADING
25. CARGO TO BE STATED ON B/L IS BASE ON TALLY. OWNER WILL NOT BE RESPONSIBLE FOR THE QUANTITY/QUALITY OF THE CARGO UNLESS IT WAS SHIP’S FAULT.
26. THIS FN 'S VALIDITY SHALL BE OVER AFTER 15 DAYS OF COMPLETED DISCHARGING AT DISCHARGE PORT IF THERE IS NO PROTEST FROM BOTH PARTIES
27. COMMISSION :2.5PCT ADDRESS COMMISSION ON FREIGHT/DEADFREIGHT/DEMURRAGE DEDUCTED BY CHARTERER DIRECTLY
P/S: Ai thắc mắc về điều khoản nào của hợp đồng hoặc có thuật ngữ nào khó hiểu có thể gửi lên cho mọi người cùng thảo luận nha
Last edited by luxuryphan; 31-03-10 at 08:31 AM..
06-05-10, 12:21 PM
Join Date: Apr 2009
Downloads: 8, Uploads: 0
Thanked 2 Times in 2 Posts
1/Anh có thể giải thích cho em đk 4 trong FX:
4. OCEAN FREIGHT: USD24.00 PNMT BSS FILO 1/1
em được biết, BSS 1/1 là basis 1 port to 1 port, nhưng em ko hiểu ý nghĩa của nó.
2/ Trong FX có quy định: L/D RATE : FREE-IN CQD / LINER-OUT có phải do có quy định " Customary Quick Despatch" nên trong hợp đồng này ko có đk về Laytime đúng ko ????
nếu đk laytime quy định là reversible thì được ghi trong Fixture Note như thế nào ????
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