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일반인과 기업이 필요로 하는 국제법 정보를 신속하게 제공하는 것이 저희의 목적입니다.
본 자료는 국제법률연구원 International Legal Research Institute이 조사하여 제공합니다.
* 참고: 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.
O/A: Open Account
L/C: Letter of Credit
D/P: Documents Against Payment
D/A: Documents Against Acceptance
D/A PURCHASE CONTRACT
MESSRS.:
바이어 상호, 주소, 일자 :
계약서 번호 Contract No. :
바이어 회사명. as Buyer, hereby confirms having purchased from you as Seller, the following goods by the contract made on the above date and on the terms and conditions hereinafter set forth. Seller is hereby requested to sign and return the original and if any discrepancy be found by Seller, Buyer should be informed immediately by fax or cable.
ITEM NO. COMMODITY & SPECIFICATION QUANTITY UNIT PRICE AMOUNT
1
2
3
TOTAL AMOUNT 총액
Time of Shipment : 선적일
Port of Shipment : 선적항
Port of Destination : 도척항
Payment : 지불. By bill (s) of exchange drawn on Buyer due 60 days from B/L date.
Insurance : 보험. Seller to cover the CIF price plus 10% against All Risking War and SRCC Risks
Packing : 포장. Export standard packing
Marking : 표시. XYZ
Special Terms & Conditions :
This Purchase Contract is subject to the general and conditions set forth on back hereof :
Accepted by (Seller) (Buyer)
By :___________ By :__________
Name : Name :
Title Title :
General Terms and Conditions
The purchase specified on the face hereof shall be subject to the following terms and conditions:
Licenses :
Seller, at its own expense, shall obtain any and all necessary permits or licenses to export Goods from the country of shipment and/or to import, sell, use or otherwise dispose of Goods, in any countries where such Goods are imported, sold, used, or otherwise disposed of.
Shipment :
Time of shipment is the essence of this Contract. Should Seller delay shipment of Goods for other reasons than those set forth in Force Majeure clause, Buyer may :(a) cancel this Contract in whole or in part, and/or (b) request Seller to compensate for any and all damages incurred to Buyer and any special premium transportation or other costs required for Goods to arrive at the destination as if Goods be shipped as scheduled.
Packing :
Seller shall pack Goods in strong wooden(s), in carton(s), or in others suitable for long distance ocean/parcel post/air freight transportation and for change of climate, well protected against moisture and shocks. Seller shall be liable for any damage of Goods and expenses incident thereto on account of improper packing and/or improper protective measures taken by Seller.
Extra Expenses :
Should the freight, insurance premium and other extra expenses at the time of shipment be raised or charged owing to unexpected changes of circumstances after this Contract is executed, such differences and/or additional expenses shall be borne by Seller.
Insurance :
In the event of CIF or CIP Contract, insurance shall be effected by Seller. Such insurance shall be effected at one hundred ten percent (110%) of the invoice amount, shall be issued by a first class underwriter and cover all risks. Any insurance not set forth herein shall be arranged by Seller whenever requested by Buyer at the cost of Seller.
Set-off :
Buyer may, at any time and without any notice, deduct or set-off Seller’s claims for money due or to become due from Buyer against any claims that Buyer has or may have arising out of this or any other transaction between the parties.
Payment :
After shipment, the Seller shall deliver bill (s) of exchange drawn on the Buyer, payable ................ days after .................... , together with the required documents to the Buyer through a bank for acceptance. The Buyer shall accept the bill (s) of exchange immediately upon the first presentation of the bill of exchange and the required documents and shall effect the payment on the maturity date of the bill (s) of exchange.
Parts :
Seller shall supply to Buyer the parts, at actual cost, so long as Buyer continues to purchase Goods and or at least two (2) years after the last shipment of Goods to Buyer.
Inspection :
Inspection on Goods shall be carried out at the unloading port at Buyer’s expense. Inspection may be done in the presence of Seller if Seller reasonably so desires. Provided, however, notwithstanding any inspection or payment made by Buyer, Buyer may, without limiting its remedies, reject, require corrections or refuse acceptance of Goods which are not in conformity with the specifications or Seller’s express or implied warranty. Goods not accepted by Buyer shall be returned to Seller at Seller’s account and risk or disposed of by Buyer at a time and price which Buyer deems reasonable and Seller shall reimburse Buyer any and all damages incurred to Buyer due to Goods not accepted by Buyer.
Warranty :
Seller represents and warrants that all Goods to be sold by Seller shall conform fully to the specifications, analysis and other information furnished to Buyer and shall be merchantable, of good material and workmanship and free from any defects for at least twenty four (24) months from the date of unloading and that Goods shall be fit and sufficient for the purpose and clear of all liens and encumbrances. Seller’s warranty as stated above shall be an essential condition of this Contract and any breach of the said warranty shall give Buyer the right
(a) to reject Goods so affected, without prejudice to any right to damages for such breach or the any other right arising from such breach of this Contract and/or
(b) to terminate this Contract in whole or in part.
Any and all warranty herein shall be in addition to any warranties express or implied by law or otherwise made by Seller and will survive acceptance and payment by Buyer.
Product Liability :
Seller shall indemnify Buyer and hold Buyer harmless from and against, and shall defend against, any and all suits, actions, judgments, debts, obligations, claims and damages and all costs including attorneys' fees, incurred by Buyer, of every kind, of any nature or description, arising out of or in relation to, directly or indirectly, the product liability brought by third parties for death, or injury to person(s) or damage to or loss or destruction of property caused or resulting from the Buyer's sale, resale, use, consumption or other disposal of the Goods delivered by the Seller. In addition to the burden as set forth in the preceding Paragraph, the Seller shall at all times during the warranty period of twenty four months hereabove maintain Product Liability Insurance covering any or all Goods sold by the Seller to the Buyer at its expense in aggregate limits of (생산자책임보험(P/L보험) 총액 : U$ ) and at least (사고건당 보험금 : U$ ) per occurrence, which policies shall name Buyer as an additional insured. Seller shall furnish Buyer with a copy of a certificate of the insurance evidencing the aforesaid coverage.
Remedy :
If Seller shall be in default or fail to ship the Goods at the time scheduled, Buyer may by written notice to Seller exercise any of the following remedies:
(a) terminate this Contract : or
(b) terminate the Contract as to portion of the Goods in default only and purchase an equal quantity of the Goods of same kind and grade and recover from Seller excess of the price so paid over the purchase price set forth in this Contract, plus any incidental loss or expense: or
(c) terminate this Contract as to any unshipped balance and recover from Seller as liquidated damages, a sum of five percent (5%) of the price of the balance.
Further, it is agreed that the rights and remedies herein reserved to Buyer shall be cumulative and in addition to any other or further rights and remedies available at law.
Infringement :
Seller shall be responsible for any infringement with regard to patent, utility model, trademark, design or copyright relating to Goods in any country where Goods are sold, used or otherwise disposed of. In the event of any dispute with regard to the said intellectual or industrial property rights, Buyer may cancel this Contract. Seller shall be responsible for and shall defend, reimburse, indemnify and hold Buyer harmless from any and all liabilities, claims, expenses, losses and/or damages sustained thereby.
Force Majeure :
In the event of any prohibition of import, refusal to issue an import license, act of God, war, blockade, embargo, insurrection, or any other action of governmental authorities, civil commotion, plague or the epidemic, fire, flood, or any other unforeseeable causes beyond the reasonable control of a party, the party shall not be liable for any default arising there from in performance of this Contract.
Arbitration :
All disputes, controversies, or differences which may arise out of or in relation to or in connection with this Contract, shall be finally settled by arbitration Seoul in Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board. The award rendered by the arbitrator(s) shall be final and binding upon both parties. This Contract shall be governed under the laws of Korea.
Trade Terms :
All trade terms provided in this Contract shall be interpreted in accordance with the latest INCOTERMS 2010, of the International Chamber of Commerce.
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