2019年BEC中级写作模拟题：购货合同

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　　购货合同 Purchase Contract

　　写作案例详解

　　Purchase Contract

　　Contract No.:CU080145

　　Date: April 5th 2008

　　The Seller:Carlton International

　　Address: 102 Lind Road San Francisco California 90034 USA

　　The Buyer:Heyee Corporation

　　Address: 34 Yongquang Street Jinnan District Tianjin 300350 PRC

　　The Seller and the Buyer agree to conclude this Contract subject to the terms and conditions stated below:

　　1. Name and Specifications of Commodity：

　　Cotton Prints DY 78

　　2. Quantity：1% more or less allowed

　　3000 meters

　　3.Unit Price：US$ 3.3 per meters

　　4.Total Amount：US$ 9900

　　5.Terms of Delivery:FOB

　　6.Country of Origin and Manufacturers:The United States

　　7. Packing：Package of 100 meters in a waterproof polythene bag and then in a cardboard box.

　　8. Shipping Marks：On the surface of each package,the package number,measurement,gross weight,net weight.

　　9.Time of Shipment：October 2008

　　10.Port of Loading：San Francisco USA

　　11.Port of Destination：Tianjin,PRC 12. Insurance：

　　According to the payment of the contract,insurance shall be covered by the Buyer for 110% of the invoice value against All Risks.

　　13.Terms of Payment：

　　(1) Letter of Credit:The Buyer shall,7 days prior to the time of shipment /after this Contract comes into effect,open an irrevocable Letter of Credit in favor of the Seller.The Letter of Credit shall expire 15 days after the completion of loading of the shipment as stipulated.

　　(2) Documents against payment:After shipment,the Seller shall draw a sight bill of exchange on the Buyer and deliver the documents through Sellers bank and N/A Bank to the Buyer against payment,i.e D/P.The Buyer shall effect the payment immediately upon the first presentation of the bill(s) of exchange.

　　(3) T/T:The Buyer shall pay to the Seller total amount by T/T within 3 days against receiving the full set documents or the goods after shipment.

　　14. Documents Required：

　　The Seller shall present the following documents required to the bank for negotiation/collection:

　　(1) Full set of clean on board Ocean/Combined Transportation/Land Bills of Lading and blank endorsed marked freight prepaid/ to collect;

　　(2) Signed commercial invoice in 5 copies indicating Contract No.,L/C No.(Terms of L/C) and shipping marks;

　　(3) Packing list/weight memo in 2 copies issued by Seller;

　　(4) Insurance policy/certificate in 5 copies (Terms of FOB);

　　(5) Shipping advice

　　The Seller shall,within 24 hours after shipment effected,send by courier each copy of the above-mentioned documents No.(1) to (5).

　　15.Shipping Advice：

　　The Seller shall,immediately upon the completion of the loading of the goods,advise the Buyer of the Contract No.,names of commodity,loading quantity,invoice values,gross weight,name of vessel and shipment date by letter within 24 hours.

　　16.Inspection：

　　After arrival of the goods at the port of destination,the Buyer shall apply to China Commodity Inspection Bureau (hereinafter referred to as CCIQ) for a further inspection as to the specifications and quantity/weight of the goods.If damages of the goods are found,or the specifications and/or quantity are not in conformity with the stipulations in this Contract,except when the responsibilities lies with

　　Insurance Company or Shipping Company,the Buyer shall,within 30 days after arrival of the goods at the port of destination,claim against the Seller,or reject the goods according to the inspection certificate issued by CCIB on the basis of the Rules and Regulations of Witness.

　　17.Claim：

　　Should the quality,specifications,quantity,weight and/or packing be found not in conformity with the stipulation of this Contract,the Buyer shall give a notice of claims to the Seller and shall have the right to lodge claims against the Seller within 30 days from the date of the completion of unloading of the goods at the port of destination.The buyer shall make a claim against the Seller (including replacement of the goods) on the basis of the Rules and Regulations of Witness and all the expenses incurred therefore shall be borne by the Seller.The claims mentioned above shall be regarded as being accepted if the Seller fail to reply within ten days after the Seller received the Buyer’s claim.

　　18.Late delivery and Penalty:

　　Should the Seller fail to make delivery on time as stipulated in the Contract,with the exception of Force Majeure causes specified in Clause 19 of this Contract,Shall be settled by the Witness on the basis of the Rules and Regulations of Witness.

　　19.Force Majeure：

　　The Seller shall not be responsible for the delay of shipment or non-delivery of the goods due to Force Majeure,which might occur during the process of manufacturing or in the course of loading or transit.The Seller shall advise the Buyer immediately of the occurrence mentioned above and within 3 days thereafter the Seller shall send a notice by courier to the Buyer for their acceptance of a certificate of the accident issued by the local chamber of commerce under whose jurisdiction the accident occurs as evidence thereof.Under such circumstances the Seller,however,are still under the obligation to take all necessary measures to hasten the delivery of the goods.In case the accident lasts for more than 15 days the Buyer shall have the right to cancel the Contract.The buyer’s failure on getting the export license should not be regarded as force majeure.

　　20.Arbitration:

　　Any dispute arising from or in connection with the Contract shall be settled through friendly negotiation.In case no settlement is reached,the dispute shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC),or South China Sub-Commission or Shanghai Sub-Commission for arbitration in accordance with its rules in effect at the time of applying for arbitration.The arbitral award is final and binding upon both parties.

　　This contract shall be construed in accordance with and governed by the law of P.R.C.

　　21.Notices:

　　All notice shall be written in English or Chinese and served to both parties by fax/e-mail/courier.If any changes of the addresses occur,one party shall inform the other party of the change of address within 3 days after the change.

　　22.The terms FOB、CFR、CIF in the Contract are based on INCOTERMS 2000 of the International Chamber of Commerce.

　　23.Additional clause：

　　N/A

　　24.This Contract is executed in two counterparts each in Chinese and English,each of which shall deemed equally authentic.This Contract is in 3 copies,effective since being signed/sealed by two parties.

　　Representative of the Buyer

　　(Authorized signature):

　　Representative of the Seller

　　(Authorized signature):