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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.
앞서 게시한 중계무역계약 형식 1. 과 다른 형식이며, 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.
PURCHASE CONTRACT
Contract No :
Date:
This Purchase Contract (“Contract”) is made by and between: 셀러 회사명. an 셀러 국적명 Company with its office at -------------------------------------------------(“Seller”) and 바이어 회사명. 바이어 국적명, ----------------------------------------------------------, Korea (“Buyer”).
The Seller agrees to sell and the Buyer agrees to buy the Commodity mentioned hereunder subject to the term and conditions as stipulated below:
Article 1. Description of Goods and Specification
- Good : 상품명 (“Good”)
- Origin : 원산지국가명
- Specification :
- Packing :
- Marking : One side standard manufacturer’s marking design (상품 한 면에 기재될 제조사의 마케팅 디자인 상세설명)
Article 2. Quantity & Price
- Quantity : 10,000 MT (more or less 5% at Seller’s option)
- Price : U$ .- per Metric Ton on at sight basis
- Total Price : U$ .- (Say : United states Dollars ) (“Purchase Price”)
Article 3. Delivery
- Loading Port : 선적항구 국적명 port
- Discharging Port : 출항항구명, 항구 국적명
- Shipment : Between 월, 일, 연도 and 월, 일, 연도
- Delivery Term :
1) FOB S.T. (Stowed and trimmed) Indonesian port in accordance with INCOTERMS 2010-
2) Transshipment and partial shipment are not allowed.
Article 4. Payment
4.1 For the payment of the one hundred percent (100%) and more or less five percent (5%) of the Purchase Price of the Good, the Buyer shall establish in favor of the Seller an irrevocable at sight letter of credit in the amount described hereunder (the "L/C") issued by a 신용장 개설 은행 국적명 bank as per following terms:
- L/C Amount : Purchase Price more or less five percent (5%)
- Expiry Date :
- Shipment Date :
- Shipping Documents :
1) Signed commercial invoice in triplicate
2) 2/3 set of clean on board ocean bill of lading marked “Freight Prepaid”
3) Packing list in triplicate showing name of vessel, B/L number & date, number of total bags loaded, gross weight and net weight.
4) Certificate of origin issued by 셀러 국가의 상업회의소 Chamber of Commerce.
5) One (1) original and two (2) copies of Inspection Certificate of Quality and Quantity issued by SGS.
6) Facsimile copy stating that Certificate of Origin, Inspection Certificate of Quality and Quantity issued by SGS has been sent to Buyer within 3 days from B/L date
7) Written evidence proving that one set of shipping documents in original has been sent to Buyer by DHL
- Special Terms
1) Charter party bills of lading is acceptable.
2) L/C number shall not be quoted in any shipping documents except invoice, packing list, and drafts.
3) Seller shall fax Certificate of Origin, Inspection Certificate of Quality and Quantity issued by SGS to Buyer within 3 days from B/L date to Buyer (Fax No : 바이어 팩스번호 Attendant: 담당자명 at 소속부서 of Buyer)
4) Seller shall send one set of shipping documents in original to Buyer by D.H.L (Address : 바이어 회사명, Korea; Attendant: to 담당자명 at 소속부서 of Buyer)
4.2 The payment of L/C shall be made against the presentation of the shipping documents mentioned in Article 4.1.
4.3 All banking costs incurred inside 셀러 국가명 incurred relating to the establishment and maintenance of the L/C shall be borne by Seller and outside 셀러 국가명 borne by Buyer.
Article 5. Loading Terms
5.1 Seller shall provide Buyer with one (1) safe port and one (1) safe berth at loading port.
5.2 Seller shall ready to ship the Good before the notice of readiness tendered.
5.3 Seller shall guarantee that loading rate at loading port shall be at least on net weight basis Thousand Metric Ton (1,000MT) per weather working days of twenty four (24) consecutive hours Sunday and official holidays excluded unless used.
5.4 Buyer shall notify Seller of the vessel description not later than ___ (__) days from estimated vessel arrival time.
5.5 Laytime shall be commenced at 13:00 hours same day if notice of readiness tendered before 12:00 hours or at 08:00 hours of next working day if notice of readiness tendered after 12:00 hours.
5.6 Official Holidays and bad weather days should be noted clearly in statement of fact.
5.7 Shifting time for the vessel from pilot station to the first berth or anchorage at 선적항구명 port is not to be counted as laytime used.
5.8 Waiting time at pilot station is counted at Seller’s time.
5.9 Lighterage, if any, is for Seller’s account.
5.10 Shifting time, more than one berth or one anchorage at 선적항구명 port is at Seller’s expense, time and risk.
5.11 Notice of readiness on arrival of vessel at 선적항구명 port or recognized pilot station or anchorage of every port, wipon (whether in port or not). Acceptance of notice of readiness shall not to be withheld unreasonably.
5.12 Right after the Good is shipped, Seller shall provide Buyer or consignee appointed by Buyer with shipment notice by facsimile which include the contract number, name of commodity, quantity, net and gross weights, invoice value, bill of lading number, etc.
Article 6. Inspection & Claim
6.1 The inspection for Good at the port of loading shall be carried out by SGS as nominated by Buyer regarding the quality and quantity of Good at Seller’s care and expenses.
6.2 Despite of SGS Certificate of Quality and Quantity at the loading port, Buyer shall be entitled to invite an independent surveyor to survey the quality and quantity / weight of Good. If the Buyer finds that the quality and quantity / weight are not conformed to those in SGS Certificate Quality and Quantity of at loading port, Buyer may lodge a claim against the Seller.
Article 7. Penalty
7.1 If Seller fails to make the Good ready on time, Buyer shall be entitled to impose on and receive from Seller U$5,000 per day as delay penalty but not exceeding US$__________. The delay penalty shall be deducted from Invoice value.
7.2 If Seller fails to delivery the Good within ___ days from the arriving date of vessel for the Good or declare its intention to non-performance of this Contract, Buyer may terminated this Contract and Seller shall pay to Buyer two percent (2%) of Purchase Price and vessel cancellation fee as liquidated damages.
7.3 If Buyer declares its intention to cancel this Contract, this Contract is automatically terminated and Buyer shall pay to Seller two percent (2%) of Purchase Price as liquidated damages.
Article 8. Force Majeure
8.1 Neither party shall be held responsible for delay or failure of performance of obligations provided for herein when such delay or failure is caused by strikes, fires, floods, acts of God, earthquakes, or any laws, rules or regulations of any governmental authority or other conditions beyond its control which cannot be forecast. Provided that the party affected by force majeure events shall exhaust all reasonable alternative means of performance the obligation in question.
8.2 Any party involving force majeure shall notify in writing to the other party within +8 hours of occurrence of the force majeure together with a certificate issued by an official entity of the country affected by the force majeure.
Article 9. Governing Laws and Arbitration
9.1 This Contract shall be interpreted and construed in accordance with the laws of 본 계약에 적용될 법의 국가명.
9.2 All disputes or differences which arise out of this Contract, it is to be settled by an amicable agreement between both side. In case the matter is not settled amicably, it shall be referred to the arbitration of 중재 신청할 중재원 국가명, in 소재한 국가명, in accordance with the relevant arbitration rules. The award rendered by the arbitrators shall be final and binding upon the parties concerned.
9.3 The fee for arbitration and or any other charge, if any, shall be borne by the losing party, unless otherwise awarded.
Article 10. INCOTERMS 2010
In case of doubt arising over the interpretation of commercial terms contained herein, the Buyer and the Seller shall refer to the international commercial terms 2010 (INCOTERMS 2010).
IN WITNESS WHEREOF, the parties hereto have caused this Contract in duplicate to be executed by their duly authorized representatives as of the date and year first above written.
셀러 회사명. 바이어 회사명.
By : ________서명_________ By : ________서명________
Name : Name :
Title : Title :
ㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡㅡ
고도의 국제법 전문가 그룹
국제법률연구원 International Law Research Institute.
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