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여러 해외정보들 중에서 일반인과 기업이 필요로 하는 국제법 관련 정보를 신속하게 제공하는 것이 저희의 목적입니다.
수출입 국제계약, 판매계약을 체결할 때 구매자 바이어와 판매자 벤더 간에 주의할 점을 알아봅니다.
* 인코텀스(Incoterms): 2018년 현재 인코텀스 2010을 따름. 인코텀스 2020은 2019년 4분기에 발표될 예정임. Incoterms or International Commercial Terms are a series of pre-defined commercial terms published by the International Chamber of Commerce (ICC) relating to international commercial law.
sample of Sales Agreement
THIS CONTRACT is made and entered into as of ( 계약일 ) day of ( 계약월 ) , ( 계약연도 ) by and between the Buyer Corp., duly organized and existing under the laws of ( 바이어 회사의 국가명 ), and having its principal office at ( 국가명 포함한 바이어 주소 ), (hereinafter referred to as "Buyer"), and The Vendor Corp., a company duly organized and existing under the laws of the ( 벤더 회사의 국가명 ), and having its principal office at ( 국가명 포함한 벤더 주소 ), (the "Seller").
WITNESSETH
The parties hereto agree as follows :
1. Products
Products shall mean ( 제품명, 제작절차, 완성정도 및 품질 등급 ) having specification as follows;
(spec. 제품에 대해 더욱 상세하게 기술하기)
2. Sale of Products
Seller agrees to sell and Buyer agrees to buy, on the terms and conditions hereinafter set forth, a combined total quantity of ( 중량 )Kgs of Products as set forth in Article 2.
3. Quantity
The Seller shall sell ( 판매수량 ) of Products by ( 생산월 ), ( 생산연도 ) being :
4. Consideration
Price of Products shall be described in U.S.Dollar, ( 제품가격 미국달러. 캐나다달러/호주달러/뉴질랜드달러/홍콩달러/대만달러/싱가폴달러 등 달러 기재시 주의. 최저최고 환율을 지정하고 싶으면 별도로 명기하기) .
5. Expenditure
All customs duties, taxes, fees and other charges incurred on Products and/or containers and/or documents including the certificate of origin, in the country of shipment and/or origin, shall be for Seller's account and responsibility.
In addition to the expenditures mentioned above, in the event of failure in delivery of Products due to any reason on the part of Seller, Seller shall reimburse to Buyer the freight of a vessel committed to be paid by Buyer and all other actual costs incurred by Buyer in connection with transportation of
Products as a result of such failure in delivery of Products.
6. Payment
Buyer shall remit afore-mentioned price for Products in advance to the bank account designated by Seller within ( 지불송금에 소요되는 일자 ) days from the effective date of this Contract.
7. Letter of Guaranty
For the guarantee of delivery of Products after acceptance of advance payment stipulated in Article 6, Seller shall provide Buyer with unconditional and irrevocable Letter of Guaranty issued by an international first class bank equivalent to the amount USD ( 국제 일류 은행에서 발행하는 신용장에서 보증하는 금액 미국달러 ) to Buyer in favor of Seller within ( 소요일자 ) days before ( 소요일자 ) days from the effective date of this Contract.
8. Packing
The Products shall be packed in accordance with customary commercial export practices and the price for products shall include the costs of packing.
9. Delivery
Shipment shall start within ( 소요일자 )days after receipt of the payment by Buyer stipulated in Article 6 hereof. The terms of delivery shall be ______in accordance with Incoterms 2010(* 인코텀스 참고).
The schedule of delivery is as follows :
10. Shipping Documents
Seller shall send the copies of the following shipping documents to Buyer by fax immediately after the completion of delivery stipulated in Article 9 and shall dispatch the original shipping documents to Buyer.
11. Warranty
In addition to any other express or implied warranties, Seller warrants that Products shall be
1) free from any defect in workmanship and materials,
2) suitable for Buyer's intended purposes and
3) in conformity with all applicable specifications, samples or other descriptions.
All rights under this warranty shall survive acceptance and shall inure to the benefit of and be enforceable by Buyer or its customers. Seller's obligation under this warranty shall be limited to the defects of which Seller is notified within _( 소요개월 )_ months from the date of acceptance by Buyer, and may include at the option of Buyer,
1) refunding the purchase price of defective Products, material, work or services plus any transportation charges incurred by Buyer as a result of defects,
2) replace such defective Products, or correcting any defective work or services and paying any transportation charges or other incidental damages incurred by Buyer as a result of defects, and
3) any other legal remedies available to Buyer.
Failure by Seller to replace defective Products within a reasonable time after request by Buyer shall be considered a default and Buyer shall be entitled to purchase substitute products at Seller's account and risk.
12. Claim
Should Seller receive a claim of defects of Products within the period mentioned Article 10 from the Buyer in writing, Seller shall respond to Buyer within _( 소요일자 )_ days after receipt of the claim informing of adequate measures to be taken in order to settle the matter.
If Seller does not respond to Buyer within the period of _( 소요일자 )_ days, Buyer has the right to eliminate the defects and/or replace the defective products with a notification to Seller in case that the emergency measure required and the expenses thereof shall be borne by Seller.
13. Settlement of Dispute
If any disputes between Seller and Buyer in relation to, or in connection with this Contract, both parties shall endeavor to settle such disputes amicably at their best efforts in a spirit of mutual understanding and goodwill. If both parties fail to settle the dispute amicable, such disputes shall be settled through arbitration.
The arbitration shall be held in _( 지역 )_, _( 국가 )_, and shall be conducted in accordance with the Arbitration Rules of International Chamber of Commerce and the decision of the Arbitrator shall be final and binding on the parties concerned.
14. Governing Law
This Contract shall be governed by and construed in accordance with the laws of _( 국가법률 )_.
15. General Provision
1) Unless otherwise notified in writing, all notices and other communication required to be given under this Contract shall be in writing and shall be considered given when delivered to the parties at the following addresses, either by registered mail, telex and fax :
TO : ___________________________
TO : _____________________________
2) This Contract contains entire agreement between the parties hereto, and supercedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter hereof. No oral understandings, statements, promises or inducements contrary to the terms of this Contract exist.
3) No waiver or amendment of any of the provisions of this Contract shall be binding upon either party unless it i in writing and duly signed.
4) No assignment of this Contract or of ant right or obligation hereunder shall be made by either party without the prior written consent of the other.
5) If any one or more of the provisions contained in this Contract shall declared invalid, illegal and unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way affected or impaired, and in such case the parties hereto oblige themselves it reach the purpose of the invalid provision by a new and legal stipulation.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in duplicated by their duly authored officers and/or representatives on the date first above written.
The Buyer Corp. The Vendor Corp.
Name, Title Name, Title
ㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡ
고도의 국제법 전문가 그룹
국제법률연구원 International Law Research Institute.
Website. www.ilri.co.kr
Tel. [Korea +82]
• Information Dept. (0)507-1350-0621 / info@ilri.co.kr
• Law Dept. (0)507-1351-0621 / law@ilri.co.kr
• Education Dept. (0)507-1352-0621 / education@ilri.co.kr
• Finance Dept. (0)507-1353-0621 / finance@ilri.co.kr
• Press Dept. (0)507-1354-0621
• Korea Court Auction Dept. (0)507-1420-0621
• Paid counsultation. (0)2-557-3476 / (0)10-5295-0621 |
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