这是我的一个客户给我来的合同,请问谁能帮我看下我该把哪些条款给予修改啊?本人初入此道,还请高手指教了! It is mutually agreed by both parties to sign this contract covering the following terms and conditions Article 1: Commodity 1.1 The contracted goods: Positive PS plates made by the seller Above price are on CNF Hai Phong port basis, packing and handling included. 1.2 Quality: Goods supplied by the seller should be complied with the manufacturer’s technical specifications for export quality, 100% brand-new. 1.3 Manufacturing date: All products should have the manufacturing date of latest 01 month from the date of issuing of B/L. 1.4 Country of origin: China 1.5 Packing: Packing mode and materials should be worthy for sea shipment Article 2: Delivery Latest date of shipment: 31.08.2006 Port of loading: any port of China Port of discharges: Hai Phong, Vietnam Transshipment allowed, partial shipment not allowed Stale bill of lading not acceptable Article 3: Payment By irrevocable L/C at sight, in US Dollar, in favor of the seller Theseller`sbank: 1.银行名称:中国银行涿州支行 BANK’NAME:BANKOFCHINAZHUOZHOUSUB-BRANCH SWIFTNO.:BKCH***J220 2地址:中华人民共和国河北省涿州市桃园街10号 BANK’ADD:***0TAOYUANROAD,ZHUOZHOU,HEBEI PROVINCE, *域名隐藏* CHINA The buyer’s bank: Maritime bank, Hanoi branch No 44 Nguyen Du str., Hanoi, Vietnam. Account: 03001370222277 Payment will be made upon receipt the following documents: -Signed commercial invoice in triplicate -Packing list in triplicate -2/3 original cleaned on board B/L made out to order of the buyer’s bank, blank endorsed, marked `freight prepaid` and `notify the buyer` -Certificate of origin, issued by Chinese chamber of commerce -Certificate of quality, quantity and manufacturing date issued by the seller -One set of non-negotiable documents including 1/3origin B/L must be sent to the buyer within 5 working days after shipment by express courier. ARTICLE 4: Guarantee The contracted goods shall be guaranteed for 12 months from the B/L date. The seller shall be responsible for any defects due to faulty materials and/or bad workmanship revealed within the period of guarantee stipulated as above. If technical endeavour is approved to be due to the seller’s responsibility, the seller is liable for setting it in the shortest time by sending new goods for replacement or renewal and bears all charges and expenses connected therewith. Article 5: Inspections, claims The buyer will be entitled to have the goods inspected by a local inspective organization at the destination port, whose conclusion will be considered as final. In case there is any discrepancy compared with the contract, the buyer will make claim to the seller, all claims should be in writing and sent to the seller within following time: Three (03) months from the date of delivery at destination port for claim on quantity. Article 6: Penalty for delay in delivery The seller will have to pay the buyer 1% of the value of goods per full week’s delay, but the total amount of penalty shall not exceed 6% of contracted value. The buyer will have the right (but not obligation) to cancel this contract in case of delay in delivery exceeding 45 days and impose on the seller a penalty of contracted value. Article 7: Arbitration The contract will be governed by the provisions of Incoterms 2000. In the course of execution of this contract, all disputes not reaching an amicable settlement by mutual discussions between two parties shall be decided by International Arbitration Centre agreed by two parties, whose award will be final and binding both parties. The expenses for the arbitration will be born by losing party. FOR THE SELLER FOR THE BUYER 本帖子2006-08-18 8:44:09由zgj1234917进行编辑!! 本帖子2006-08-25 8:14:42由zgj1234917进行编辑!! 本帖子2006-09-16 8:21:05由zgj1234917进行编辑!! 本帖子2006-10-07 15:02:08由zgj1234917进行编辑!!
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