contract合同樣本(doc 7頁)_圖文

contract合同樣本(doc 7頁)

CONTRACT

Contract No.:DH2002-GPA254-0202-NO

DATE: May 22, 2007

The Buyers: Evergreen industries group

Address: 69 Jiang Nan Road, Ningbo, Zhejiang,

People’s Republic of China

Post Code: 315040

Fax No: 86 0574 8778 7509

Telephone No: 86 0574 8778 7510

The Buyers: Zhejiang Shipbuilding Co., Ltd.

Address: 69Jiang Nan Road, Ningbo, Zhejiang,

People’s Republic of China

Post Code: 315040

Fax No: 0086 574 8777 8673

Telephone No: 0086 574 8779 2384

The Sellers: Ing. Per- Gjerdrum A/S

Address: P.O. Box 154 N-1395 Hvalstad,

Norway

Fax No: 47 66 77 56 01

This contract is made by and between the

Buyers and the Sellers, whereby the Buyers

agree to buy and the Sellers agree to ll the

under mentioned commodity according to the

terms and conditions stipulated below:

1. Name of the goods and its specification,

quantity, unit, price and total value:

DESCRIPITION UNIT QTY UNIT AMOUNT

OF PRICE

COMMODITY

Telephone No: 47 66 77 56 00

damage and in ca of corrosion, reimbur the

Buyer for relating expens incurred up to an

amount the Seller would have incurred the

remedial action been taken by himlf at his

premis.

It is Buyer’s responsibility to check packing and

prervation. In ca Buyer becomes aware of

damages of packing and prervation or period

of prervation has been elapd he shall inform

Seller without undue delay; Otherwi Seller is

relead from its warranty obligations.

With the engine package, the lifting device

should be delivered which shall remain property

of Seller and be returned DDU Seller’s premis

in due time after installation of the engine.

Following documents shall be enclod in each

package:

Detail packing list in 2 copies issued by the

Manufacturers/ Seller indicating the number,

content, measurement, net and gross weight of

each package.

8. Insurance:

To be covered by the Sellers for 110% of

Delivered Goods Value.

9. Payment:

As per the attachment 1 of this contract.

10. Documents:

1) 3 original commercial invoice and 3 copies

indicating sold to Evergreen industries

group, indication contract number L/C

number and shipping mark mad out in

details as per the related contract.

The llers should supply an additional t

of original commercial invoice to Zhejiang

Shipbuilding Co., Ltd.

2) Bill of Lading

2/3 ts of on board ocean bills of lading in

original and copies marked “Freight

Prepaid” made out to order, blank

endord, notifying Consignee, at place of

destination specified in the contract.

3) 3 ts of packing list in original and 3 ts

of copies indicating contract number, name

of the commodity, package number,

Net/Gross weight, measurement of

packages issued by the llers/makers.

4) Insurance certificate covered all risks and

war risks ba on 110% of delivered goods

value in three (3) copies.

5) Certificate of Quantity issued by the

llers.

6) Beneficiary’s certificate certifying that the

“IPPC” mark has been stamped on surface

of wood package/crate./pallet by Heat

treatment provider with proper reference

and authorization of certified National

Plant quarantine authorities/protection

organization of exporting country of region.

The sample of the “IPPC” mark and

number shall be showed on this

Beneficiary’s certificate.

7) Copy of telex/ telefax to the buyers advising

the shipment details including the name of

the commodity, gross weight, ETA, ETD,

etc. immediately within 3 working days

after shipment is made.

In addition, the llers should nd the

following documents directly to Zhejiang

Shipbuilding Co.,Ltd. by express courier as

soon as possible after shipment. Should the

Sellers fail to do so, the Sellers shall bear

the penalty for the delay of Chine

Customs’ Declaration and Demurrage

which the Buyers pay to the Cargo Agency.

A) 1 original commercial invoice

B) 1 original of the packing list

C) 1/3 ts of on board ocean bills of

lading in original

D) Beneficiary’s certificate certifying

that the “IPPC” mark has been stamped on

surface of wood package/crate/pallet by

Heat treatment provider with proper

reference and authorization of certified

National Plant quarantine

organization of authorities/protection

exporting country or region. The sample of

the “IPPC” mark and number shall be

showed on this Beneficiary’s certificate.

11. Shipment:

CIF Terms

The llers shall the commodity from

the port of shipment within the shipment

time for shipment to the port of destination.

Transshipment is not allowed. Partial

shipment is not allowed. The contracted

commodity shall not be carried by a vesl

flying the flag of a country which the

Buyers cannot accept.

12. Inspection and Claims:

a. Under the prence of the classification

society’s reprentative Seller will carry out

an Acceptance Test Run of the engine on its

test bed to verify the data as specified in

this Contract. Sellers has to inform Buyer

about the date of this Acceptance Test Run

twenty days in advance and to provide a

corresponding testing program. Buyer is

entitled to attend the Acceptance Test Run

at his own expen.

Seller shall issue a test certificate. To the

extent not covered by the test,

Manufacturer shall, before making delivery,

make a preci and comprehensive

inspection of the goods as regards their

quantity, quality and weight and issue a

Certificate certifying that the goods are in

conformity with stipulation of this

Contract。

b. Within 30 days after arrival of the goods

at the port of destination, the buyer shall

apply to Ningbo Import &Export

commodity Inspection &quarantine Bureau

of P. R. China for the final inspection of the

goods in respect of their quality, quantity

and weight. If any discrepancies are found

by the inspection bureau regarding the

quality, quantity and weight expect tho

for which the Seller is responsible, the

buyers shall have right to claim shall be

regarded as accepted if the llers fail to

reply within 30 days after receipt of the

Buyers’ claim.

13. Settlement of Claims:

In ca a claim is lodged by the Buyers

within the period of claim as stipulated in

clau 12 of this Contract, which is bad

on failures in design, workmanship or

material, the Sellers shall ttle the claim

by:

Repair or replace the defective goods with

new ones which conform to the

specifications, quality and performance as

stipulated in this Contract and bear all

expens incurred for repair/replacement

incl. dispatch, as well as reasonable costs of

removal and installation of Equipment,

further, if under consideration of the

individual ca this can be reasonably

demanded, the costs of necessary rvices

of his mechanics and assistants. The

guarantee period of repair or replacement

goods shall also be 13 months as specified

in Clau 12 of this Contract from the date

on which the new-built ship be delivered to

the ship owner or 26 months counting from

the date on which the commodity arrives at

the port of destination, whichever is earlier.

In ca the defective goods are found, the

Seller must replace it within 30 days after

receiving the Buyer’s written notice, unless

the nature of the defect acquires some

longer period. Buyer shall give Seller

necessary time and opportunity to remedy

the Defect. If defects of deficiencies of the

goods supplied under this Contract occur

in the cour of operation within warranty

period, the Seller shall immediately be

informed by a telefax notice from shipyard

or ship owner (or it’s nominee) describing

such defects or non-conformities.

IF SELLER is not successful in the repair or

replacement of the same defective goods as

described above after two attempts, the Seller

will agree to one of the following:

a) the rejection of the defective goods and

refund to the BUYER the value of the

defective good rejected in the same

currency as contracted herein and bear all

direct loss and expens in connection

therewith including interest occurred,

banking charges, freight, insurance

premium, inspection charges, storage

charges and all other necessary expens

required for the custom and protection of

the rejected goods.

b) Devalue the defective goods according to

the degree of inferiority, extent of damage

and amount of direct loss suffered by the

buyers and End urs.

14. Guarantee of Quality: The Sellers guarantee

that the commodity hereof is made of the best

materials with first class workmanship, branded

new and unud and complies at the time of

delivery in all respects with the quality and

specification stipulated in this contract. The

Seller further warrants that it shall remain free

from defects attributable to failures in design,

workmanship or material for a period of 26

months counting from the date on which the

commodity arrives at the port of destination or

13 months counting from the date on which the

new-built ship be delivered to the ship owner

whichever comes earlier.

15. Force Majeure:

The Sellers shall not be held responsible for the

delay in shipment or non-delivery of the goods

due to Force Majeure, which might occur

during the process of manufacturing or in the

cour of loading or transit. “Force Majeure”

shall mean any cau beyond the reasonable

control of either party, which prevents or

impedes the due performance of this Contract

and which by due diligence Seller is unable to

avoid or overcome through its individual effort.

Force Majeure shall include but shall not be

limited to war, natural disasters, fire, riots,

strike, lock-out, embargo. The Sellers shall

advi the Buyers immediately of the occurrence

mentioned above and within 14 days thereafter,

the Sellers shall nd by airmail to the Buyers

for their acceptance a certificate of the incident

issued by the Competent Government

Authorities or Chamber of Commerce where the

incident occurs as evidence thereof. Under such

circumstances the Sellers, however, are still

under the obligation to take all necessary

reasonable measures to hasten the delivery of

goods. In ca the accident lasts for more than

six weeks, the Buyers shall have the right to

cancel this Contract.

16. Late Delivery:

Should the Sellers fail to make delivery on time

as stipulated in this Contract, with exception of

Force Majeure caus specified in Clau 15 of

this Contract, the Buyers shall agree to postpone

the delivery on condition that the Sellers agree

to pay penalty which shall be deducted by the

paying bank from the payment, The penalty,

however, shall not exceed 5 % of the total value

of the goods involved in the late delivery. The

rate of penalty is charged at 0.5% for every

ven days, less than ven days should be

counted as 7 days. In ca the Sellers fail to

make delivery 10 weeks later than the time of

shipment stipulated in this Contract, the Buyers

shall have the right to cancel this contract and

the Sellers, in spite of cancellation, shall still pay

the aforesaid penalty to the Buyers without

delay, The remedies provided hereunder

constitute the full and final remedies available

for delay.

17. Arbitration:

All disputes in connection with this Contract or

the execution thereof shall be ttled friendly

through negotiation. In ca no ttlement can

be reached, the ca shall then be submitted for

arbitration according to the Rules of Arbitration

by the International Chamber of Commerce by

three arbitrators appointed in accordance with

said Rules: Proceedings and the award shall be

in the English language. The Arbitration shall

take place in Zurich, Switzerland and the

decision of the Arbitration Committee shall be

final and binding upon both parties, neither

party shall ek recour to a law court or other

authorities to appeal for revision of the decision.

Arbitration fee shall be borne by the losing

party.

18. Effectiveness of This Contract:

The contract shall come into force when signed

by the three parties.

19. Limitation of Liability

Seller shall in on ca be liable for any indirect,

incidental or conquential damages including,

but not limited to loss of profits, loss of revenue,

cost of capital, damage which does not ari at

Equipment itlf and claims of third parties

suffered or incurred by Buyer.

20 Note:

1) The attachment 1 to 2 of contract shall from

an integral part of the contract and have the

same effectiveness as the contract.

2) With the exception of what expresd and

indicated in the contract, the trade terms hereof

are subject to ICC INCOTERMS ２０００．

3) Any original document(s) made by

rephotographic system, automated or

computerized system or carton copied shall not

be acceptable unless they are clearly marked as

“ORIGINAL” and certified with signature in

hand writing by authorized officers of the

issuing company of corporation.

4) Stale bills of loading and Short Form of

loading shall not be acceptable.

5) Attachments

Attachment 1: Additional Articles for contract

2002-GPA254-0202-NO

Attachment2: Technical Agreement.

The contract is signed by three parties in three

original.

BUYER:

SELLER:

Evergreen industries group

Zhejiang Shipbuilding Co.,Ltd.

-Gjerdrum A/S