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여러 해외정보들 중에서 일반인과 기업이 필요로 하는 국제법 관련 정보를 신속하게 제공하는 것이 저희의 목적입니다.
본 자료는 국제법률연구원 International Legal Research Institute이 조사하여 제공합니다.
이 계약서는 지하자원 원료수입, 코킹 골탄 수입을 위해 작성된 국제계약서임.
COKING COAL SALES AGREEMENT
This Agreement is made and entered into this _계약일자 day of 계약월, 계약연도 by and between 판매회사명, a company duly incorporated in 판매사 국가명 (hereinafter referred to as "Seller") and, 바이어사명, a company duly incorporated in 바이어사 국가명 (hereinafter referred to as "Buyer") as per set forth hereinafter.
Article 1. Subject of Agreement 계약대상
The Seller and Buyer agree that Seller shall sell and Buyer shall buy the 중량수량 숫자 (글자) metric tons of Coal(hereinafter referred to as "Coal") on the basis of FOBT 도착항구명 port for the purpose of being delivered during 도착월, 연도. The quantity of Coal to be loaded into individual vessel may be varied by 10% more or less of the scheduled tonnage at Buyer's option.
Article 2. Quality 품질
2.1 Coal sold under the present Agreement shall conform to the following quality specifications:
Ash (air dry basis): 9.0% plus tolerance 0.5%
Total moisture(as received basis): 7.0% max.
Total Sulphur(air dry basis): 0.2% plus tolerance 0.1%
Volatile matter(dry ash free basis): 18.0 - 21.0%
(Permissible if the Volatile Matter analyzed at the time of loading is not more than 22.0%)
Plastometer Index "Y": 9 and above
FSI: 7-9(without guarantee of Seller, only for Buyer's guidance)
Size: 0-50 ㎜
The quality of Coal shall be confirmed by Certificate of Quality issued by laboratory at the port of loading at the time of loading.
2.2 Standards for Coal
The analysis of each item of quality for Coal shall be made in accordance with the following standards:
Ash: ISO 1171-81
Total Moisture: ISO 589-81
Total Sulphur: ISO 334-75 Gravimetric Method
Volatile Matter: ISO 562-81
Plastometer Index "Y": GOST 1186-69(as per Sapojnikov's method)
Article 3. Price 가격
The price for Coal sold under the present Agreement is fixed at US$가격 숫자 (글자) per wet metric ton in bulk, FOBT port.
Article 4. Time of Delivery 인도시기
The Coal sold under the Agreement shall be delivered during 배송월, 연도 in accordance with the shipping schedule which should be agreed between the Seller and the Buyer. The schedule should be finally confirmed by the Seller.
The date of clean Bill of Lading shall be considered as the date of delivery.
Article 5. Delivery and Acceptance Coal 인도인수
The Coal shall be considered as delivered by the Seller and accepted by the Buyer as per the following ways:
a) in respect of quantity- as per weight stated in the Bill of Lading judging by Vessel draft survey. Weight indicated in Bill of Lading shall be final and binding upon both parties.
b) in respect of quality - as per Certificate of Quality issued by laboratory of the Seller at the port of loading at the time of loading of the vessel. Quality indicated in Certificate of Quality shall be considered final and binding upon both parties.
Article 6. Penalty 벌금
In the event total moisture indicated in Certificate of Quality issued by laboratory at port of loading exceeds 7%, invoice quantity is reduced by percentage in excess of 7%.
In the event ash on air dry basis indicated in Certificate of Quality issued by laboratory at the port of loading is more than ( )%, invoice price is decreased by US$( ) per metric ton for each ( )% more than ( )%.
In the event Sulphur content indicated in Certificate of Quality issued by laboratory at the port of loading is more than ( )%, invoice price is decreased by US$( ) per metric ton for each ( )% more than ( )%.
Article 7. Payment 지불
7.1. Payment for Coal shall be effected by an irrevocable Letter of Credit which is opened by a prime commercial bank, a correspondent of 은행명 Bank,
in favor of (hereinafter referred to as "Seller's Nominee") whose address is and advised by this bank ( Account No. ).
By 7 days prior to shipment the Buyer shall notify the Seller's Nominee by telegraph of the issuance of an opened irrevocable Letter of Credit for 100% value of Coal intended for shipment in accordance with Articles 1, 3 and 6. Letter of Credit terms shall state that shipment is made to order, blank endorsed, freight collect as per C/P.
The Seller shall confirm loading vessels 25 days before shipment. Validity of Letter of Credit is 60 days with the right of extension upon request of the Seller. Payment for the Coal is effected in U.S. dollars in the amount of 100% of invoice amount of the Coal in accordance with Articles 3, 5 and 6, against cable message of ABC Bank sent to the opening bank, with confirmation of fulfillment of Letter of Credit terms and conditions in all respects.
In accordance with Letter of Credit, shipping documents shall include:
a) Draft
b) Invoice in 3 copies
c) Full set (2 originals + 2 copies) of clean on board Ocean Bill of Lading signed by the master of the vessel issued to order, blank endorsed, freight collect as per C/P
d) Original Certificate of Weight signed by the shipmaster - 3 copies
e) Original Certificate of Quality issued by the laboratory at the port of loading-3 copies.
7. 2. Demurrage/despatch 체선료/조출료
Within 30 days after receipt by the Buyer of time sheet copy (time for loading of a vessel), the Buyer/the Seller shall submit to the Buyer/the Seller by cable accounts of demurrage/despatch for each shipment.
Payment for demurrage/despatch is effected by remittance in US. dollars within 30 days between the parties to the following accounts:
a) demurrage - to the account of the Buyer
b) despatch - to the account of the Seller's Nominee in Singapore.
Article 8. Shipping Schedule 선적일정
Not later than 33 days before the beginning of such month of shipment, the Seller and the Buyer are to agree upon the quantity of Coal to be shipped during this month. Within next three days after the quantity is agreed, the Buyer shall inform the Seller about schedule of vessel arrival at the port of loading.
Schedule of vessel arrival comes into force after it is confirmed by the Seller and considered as shipping schedule for the month.
Article 9. Transport Conditions 운송조건
9.1. FOBT (Free on Board including Trimming) means that the Seller is considered to fulfill its obligations on delivery of Coal from the moment the Coal has passed vessel's rails at the port of loading. It means that the Buyer is to bear all expenses connected with Coal transportation and all risks of its damage and destruction from that moment.
9.2. The Seller is obliged to :
- Get export license or other official permission for export of Coal and execute custom formalities for export at its risk and account in .
- Within 5 days after receiving notification from the Buyer about name of the vessel, quantity of Coal, deadweight of the vessel, flag, estimated date of arrival at port of loading, Seller agrees with the Buyer upon the date of loading and gives final confirmation.
- Bear all expenses and risks of Coal, damage and loss up to the moment that Coal has passed vessel's rails at the port of loading, including those necessary to cover loading of Coal on board of the vessel, but excluding cases when such expenses and risks are caused by the Buyer's failure to fulfill its obligations.
- Load Coal on board of the vessel nominated by the Buyer, at port of loading, within estimated time and according to the rules of the port.
- Notify the Buyer or its agent that Coal are loaded on board of the vessel.
9.3. The Buyer is obliged to :
- Get import license or other official permission and execute all custom formalities necessary for import of Coal at its expense and risk in (도착국가명).
- According to shipping schedule agreed upon with the Seller, at its account conclude an agreement on transportation of Coal from the port of loading, notify the Seller and Seller’s forwarder not later than 25th day before estimated date of shipment about name of the vessel, quantity of Coal, vessel deadweight, flag, estimated arrival date of vessel at port of loading.
- According to date of vessel loading confirmed by the Seller notify Seller’s forwarder through the master or his agents about vessel's ETA at least 10 days before, two days before about the exact date of vessel's arrival, and also 24 hours before.
- At its account and risk, bring the vessel to the berth at port of loading at the time agreed upon with the Seller and in accordance with the rules of the port, having all necessary formalities fulfilled and all duties and charges connected with berthing paid.
- Bear all expenses and risks of damage and loss of Coal after the Coal have actually passed the rails of the vessel, except those cases when such expenses and risks are caused by the Seller's failure to fulfill its obligations.
9.4. Port of loading. 선적항구
- 선적항명 port is considered to be port of loading. 선적항명 port can accept vessels with deadweight from 10,000 to 100,000MT and can provide handling of vessels during weather working day at the following rates:
Deadweight, MT Rate of loading MT per day
10,000 - 30,000 6,000
30,000 - 60,000 9,000
60,000 and over 12,000
Payment of demurrage/despatch money is effected in US dollars at the following rates:
Deadweight, MT Demurrage USD/day Despatch USD/day
10,000 - 30,000 4,500 2,250
30,000 - 60,000 6,000 3,000
60,000 and over 8,000 4,000
9.5. Counting of laytime at port (00항에서 레이타임 계산)
Lay time is the time necessary for the port to handle a vessel taking into account above mentioned rates of loading. A working day is consecutive 24 hours weather permitted .
NOR may be tendered after arrival of vessel at the loading port during office hour whether in free pratique or not, whether in berth or not, whether in port or not, whether customs cleared or not and ready to receive cargo in every respect.
Lay-time is to commence at 13:00 of the day if Notice of Readiness is given before 12:00 of this day.
And is to commence at 08:00 of the next day, if Notice of Readiness is given after 12:00 of this day.
Saturday's afternoon, Sundays and holidays are excluded from lay- time unless used, in which case the actual time used shall be counted as laytime. Lay-time is interrupted for the period of bad weather confirmed by a document of the port, also in case of strikes and other events beyond control of the Seller.
Actual time used for shifting from the place of waiting for the berth to the berth is excluded from lay-time. In case after berthing a vessel is found not to be ready for loading, actual time used for getting ready for loading(since the moment of finding out till a vessel is completely ready for loading) is excluded from lay-time.
Article 10. Force-Majeure 불가항력 규정
Force-majeure is understood as events or conditions occurred after signing of the present Agreement beyond control of the parties which cannot be foreseen or avoided and which prevent or delay partially or completely fulfillment of the present Agreement.
In case any party undergoes force-majeure this party is released from liability for the period force-majeure circumstances remain in force.
The party which experiences force-majeure circumstances shall notify the other party by telex or by fax within two working days about nature, place and date of force-majeure circumstances beginning with further confirmation by registered letter. Occurrence, accuracy of description and nature, place and date of occurrence of force-majeure circumstances are to be confirmed by a document of Chamber of Commerce and Industry or other authorized organization of the country of the party where force-majeure circumstances took place.
After force-majeure circumstances are over the party is to notify the other party in accordance with the same procedure as for occurrence of force-majeure circumstances.
In case, due to force-majeure circumstances, one of the parties fail to fulfill its obligations within two months, this party is entitled to cancel the present Agreement with prior written notice of the other party.
Article 11. Arbitration 중재
All disputes which may arise under the present Agreement or in connection with it shall be submitted without recourse to the court of law to arbitration as follows:
a) If Seller are defendant in a dispute, arbitration shall take place in 셀러가 피고인 경우 셀러의 지역 법원 , Seller’s country at the Arbitration tribunal of Chamber of Commerce and Industry in accordance with rules of procedure of this tribunal.
b) If Buyer is defendant in a dispute, arbitration shall take place in 바이어가 피고이면 바이어의 지역 법원 (예. the Korean Commercial Arbitration Board in accordance with commercial arbitration rules of the said board.)
Arbitrator(s) will make a decision in accordance with terms of the present Agreement and standards of law applied on the basis of laws on disputes in consideration of that party where the arbitration takes place and also in accordance with generally accepted rules of international trade. Award of the appropriate arbitration is final and binding upon both parties.
Article 12. Other Conditions 기타조건
12.1 갑을병정에서 병회사 Company and 갑을병정에서 정회사 shall guarantee the Buyer that the Agreement whereof shall be performed well in every respect and indemnify the Buyer against any financial loss to be caused by the Seller’s failure to perform the Agreement hereof.
12.2. From the date of signing of the present Agreement, all negotiation and correspondence connected with it before signing become null and void.
12.3. All amendments and addendum to the present Agreement are valid only if they are made in writing and signed by the authorized representatives of both parties.
12.4. The present Agreement is made in English in 4 copies.
Article 13. Legal Addresses Of The Parties
The Seller :
Address :
Tel: / Fax: / Telex:
The Buyer:
Address :
Tel : / Fax : / Telex:
WITNESS:
"병"회사명
Address :
Tel: / Fax:
"정"회사명
Address :
Tel: / Fax:
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written, and each party retains one signed original.
판매사명 바이어사명
Name, Title Name, Title
"병"회사명 "정"회사명
Name, Title Name, Title
ㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡ
고도의 국제법 전문가 그룹
국제법률연구원 International Law Research Institute.
Website. www.ilri.co.kr
Tel. [Korea +82]
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• Paid counsultation. (0)2-557-3476 / (0)10-5295-0621 |
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