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여러 해외정보들 중에서 일반인과 기업이 필요로 하는 국제법 관련 정보를 신속하게 제공하는 것이 저희의 목적입니다.
이 계약서는 금, 은, 납 등 금광석을 수입을 위해 작성된 매매계약서 샘플입니다.
sample of Sales Agreement
This contract made and entered into this (계약일)th day of (계약월), (계약연도).
BETWEEN (바이어명, 주소, 국가명)(hereinafter called "Buyer") OF THE ONE PARTY
AND
(셀러명, 주소, 국가명)(hereinafter called “Seller”)
OF THE OTHER PARTY
NOW THEREFORE it is agreed by and between the parties hereto as follows:
Seller agrees to sell and Buyer agrees to buy the material under the following terms and conditions:
1. DEFINITION (일반 규정)
C.I.F. FO : Cost, Insurance and Freight, Free Out
Metric Ton : 2,204.62 lbs or 1,000 kilograms
C.Q.D. : Customary Quick Dispatch
WMT : Wet Metric Ton
DMT : Dry Metric Ton
unit : 10 kilograms per DMT
ounce : 31.1035 grams
month : calendar month
2. Material (재료 규정)
Lead concentrates proceduced at ------------ with the following typical assays
(hereinafter called "Material");
Pb: 65.00% Zn: 9.50% S: 11.00% Si: 3.00%
Fe: 2.50% Al2O3: 0.39% Cd: 0.062% CaO: 0.37%
Ag; 450g/dmt Au: 7.0g/dmt
3. QUANTITY (수량 규정)
1,000 MT
Seller shall have the option to ship the above quantity up to plus or minus 10 percent.
4. SHIPMENT (선적 규정)
Seller shall deliver 1,000 DMT in (선적예정일과 연도).
5. DELIVERY (배송 규정)
(a) In bulk C.I.F. FO (도착지명/국가명).
(b) Material shall be discharged by Buyer on the basis of C.Q.D. conditions for the port.
6. PRICE (가격 규정)
The price payable by Buyer for the material shall be the sum of the Metal Payment less the sum of the Deductions stated in sub-paragraphs (a) and (b) below.
(a) Metal Payment (금속 지불 규정)
LEAD (납): Pay 95% (M.D. 3 units) at the average of the LME settlement price as reported in the Metal Bulletin in London and averaged over the quotational period.
SILVER (은): Pay 75% at London spot quotation as reported in the Metal Bulletin in London and averaged over the quotational period.
GOLD (금): Pay 75% at the mean of London Am/Pm price as reported in the Metal Bulletin in London and averaged over the quotational period.
(b) DEDUCTION (공제 규정)
TREATMENT CHARGE (TC. 처리비용)
The base treatment charge shall be US$ 100 per DMT basis US$ 400.00 with the following scale:
Plus US$ 0.14 per US$ 1.00 above US$ 400.00 fractions pro rata.
REFINING CHARGE (RC. 정제비용)
SILVER : US$ 0.80 per Oz of payable silver content.
GOLD : US$ 16.00 per Oz of payable gold content.
PENALTIES (벌금 규정)
BI: US$ 4/dmt for each 100 ppm above 300 ppm
Sb: US$ 4/dmt for each 0.1% above 0.2%
As: US$ 4/dmt for each 0.1% above 0.2%
7. QUOTATIONAL PERIOD (견적 기간 규정)
Quotational Period shall be the first month after the month of arrival of the carrying vessel at discharge port.
For this propose, the date on which the carrying vessel officially reports to customs at the discharge port shall be taken as the date of arrival.
8. PAYMENT (지불 규정)
(A) PROVISIONAL PAYMENT (잠정지불 규정)
Buyer shall make a provisional payment to Seller in US dollars for 90% of provisional invoice value by Irrevocable Letter of Credit or by D/P at Buyer's option ypon vessel's arrival at discharge port.
L/C shall be opened at least 3 days before expected B/L date which shall be informed by Seller.
(b) FINAL PAYMENT (최종 결제 규정)
Final payment shall be made immediately upon determination of final weight, assays and metal price. In the event the amount provisional payment exceeds the amount of such final invoice, Seller shall refund promptly to Buyer such overpaid amount.
(c) PARTIAL LOSS (부분 손실 규정)
In the event of partial loss of or damage to the material due to insured perils completion of weighing, sampling and moisture determination at the destination, final settlement shall be made as soon as all the necessary data is available, on the basis of shipped weight, the assays agreed to as provided in Clause "9. Weighing, Sampling and Moisture Determination" and "10. Assays" on that part of cargo which has been safely delivered, and on the metal price as provided in Clause "6. Price" and "7. Quotational period" herein.
(d) TOTAL LOSS (전체 손실 규정)
In the event of total loss of the cargo, the final settlement is to be made on the basis of the net dry weight shipped as evidenced by Seller's weight and assay certificates. The quotational period which shall govern for the final settlement shall be the first month after the month of arrival.
For the purpose of determining of the quotational period, the vessel shall be deemed to have arrived at the discharge port 7 days after the date of Bill of Lading.
9. WEIGHING, SAMPLING AND MOISTURE DETERMINATION (중량, 샘플링, 수분습기 규정)
These operations shall be carried out at Buyer's expenses at Buyer's receiving smelter or at the discharge port, in the usual manner and, if Seller so wishes, in presence of and in agreement with Seller's representative, in lots of approximately 500 WMT and the results there from shall be taken as final.
10. ASSAYS (시험분석 규정)
Assays shall be made independently lot by lot Seller and Buyer. The results shall be exchangedin a mutualily agreeable manner on a date to be agreed.
Should the difference between Seller's and Buyer's results be not more than:
Pb: 0.5% Ag: 30g/dmt Au: 0.5g/dmt Bi; 10 ppm Sb: 0.05% As: 0.05%
then the exact mean of the two results shall be taken as the agreed assay for final settlement.
If greater difference occurs, umpire assay shall be made by S.G.S. or such other independent laboratory as is acceptable to both parties. The middle one of the three assays shall be taken as the agreed assay.
The cost of umpire assay shall be borne by the party whose result is farther from the umpire's results, nit should be umpire result coincide with the exact mean of Seller's and Buyer's results then the cost of umpire assays shall be shared equally by both parties.
11. TITLE AND RISK (위험부담 규정)
Title to the material shall pass to Buyer on provisional payment to Seller.
All risks of loss, damage or destruction shall pass to Buyer at the time the material pass ship's rail at the discharging port.
12. INSURANCE (보험 규정)
Insurance shall be effected be Seller through an international first-class insurance company to Buyer's works against all risk in accordance with Institute Commodity Trade Clause (A), war risks in accordance with Institute War Clauses and the risks of strikes, riots, and civil commotions in accordance with Institute S.R and C.C. Clauses.
The value to be insured by Seller in respect of each shipment shall be 110% (one hundred and ten percent) of the amount calculated in accordance with the terms of this agreement and shall be adjusted to the final value.
13. FORCE MAJEURE (불가항력 규정)
In the event of any strikes, act of God, war, warlike operations, force majeure lock out, combination of workmen, interference of trade union, suspension of labor, fire accident, lack of railroad or sea borne freight facilities or delays en route or of any other case whatsoever beyond the control of Seller or Buyer whether of the foregoing nature or not, preventing them or hindering them, or either of them from giving or receiving them delivery under this contract shall be suspended during such time provided any such inability by either party contract hereto.
Buyer giving notice under this clause, the contract shall be each time extended for a period equal to the period of suspension. But if such period of suspension extends for nore than 90 days, the party having received forthwith by giving notice of this to the other party.
14. ARBITRATION (중재 규정)
All disputes in accordance with this contract shall, unless amicably settled between the parties, be finally settled under the rules of conciliation and arbitration of Korean Commercial Arbitration Board in Seoul, Korea.
15. TARIFFS, TAXES AND DUTIES (요금, 세금, 의무 규정)
All tariffs, taxes and duties whether existing or new on material, contained metals or commercial documents relating thereto shall be borne by Buyer in the event of their existence in Korea in which the material is discharged.
Any export taxes of duties whether existing or new levied in the country of orif in shall be borne by Seller.
16. SUSPENSION OF QUOTATIONS
The metal price quotations specified under this contract are currently the quotations in general use for the pricing of the metal contents of material.
In the event that any of these price quotations ceases to exist, ceases to be published or should no longer be internationally recognized as the basis of the settlement for the contract of material, them upon the request of either party, Buyer or Seller will promptly consult together with a view to agreeing on a new pricing basis and on the date for bringing it into effect.
The basic objective shall be to secure continuity of fair pricing.
17. EQUITY 형평성
In entering into this contract, Seller and Buyer recognize that it is impractical to make provision for every contingency which may arise during the life of this contract. Seller and Buyer concur in the principle that this contract shall be carried out between the two parties with fairness and without detriment to the contract any infringement of this principle is anticipated or disclosed, then Seller and Buyer shall promptly confer in good faith with each other to agree upon such an action as may be necessary to remove the clause or clause of such infringement.
For and on behalf of For and on behalf of
바이어사명 셀러사명
____________________ _____________________
서명자명 By: 서명자명 By:
직위 Title: 직위 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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