COMPENSATION TRADE CONTRACT |
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发布日期:2006/1/7 1594人次浏览 【 双击鼠标滚屏 】 |
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Contract No.: __________
Date of Signing: _________
ace of Signing: _______
The t
rties:
rty A: ________________________________
Address: ________________________________
Tel:_________________Fax: _______________
E-mail: _________________________________
rty B: ________________________________
Address: _______________________________
Tel:_________________Fax: ________________
E-mail:_________________________________
WITNESSETH
Where
rty B has machines and equipment, which are now used
rty B's manufacturing of _______, and is willing to sell
rty A the machines and equipment; and
Where
rty B agrees to buy the products, _______, made
rty A using the machines and equipme
rty B supplies, in compensation for the price of the machines and equipment, and
Where
rty A agrees to purchase fr
rty B the machines and equipment, and
Where
rty A agrees to sell
rty B the products, _______, in compensation of the price
rty B's machines and equipment; Now therefore, in consideration of the premises and covenants described hereinafte
rty A a
rty B agree a follows:
ARTICLE 1 TRANSACTIONS
rty B agrees to provi
rty A with _________ machines to be used in production, their auxiliary machinery, accessories and spare parts and a variety of measuring and testing instruments required in the process of production. The details of the models, names, specifications,quantity, prices, packing, delivery , etc. thereof shall be specified in an additional equipment-import agreement to be concluded by and between both parties which shall serve as an component part hereof.
B) The total value of the machines, auxiliary equipment, etc. supplied by part B shall be paid off
rty A with part of the manufactures made therewith and/or other goods, or with(designate name)products made in (Name of the plant)if both parties agree. The specific name(s), quantity, price, delivery, etc. of the goods granted as the make-up payment shall be decided in an additional compensation goods-supply agreement made by the parties which shall serve as a component part hereof. The equipment-import agreement and compensation-goods-supply agreement aforesaid may be merged as one called sales agreement on compensation trade(See appendix).
ARTICLE
YMENT
Both parties agree to open letters of credit in favor of each other, i
rty A will open, at regular intervals, long term letters of credit in favor
rty B to pay by installments the total cost of the machines and auxiliary equipment provided
rty B; where
rty B will open sight letters of credit in favor
rty A to pay the products to be delivered
rty
rty A shall pay for the total cost of the machines and auxiliary equipment with the money remitted
rty B as reimbursement for the products to be delivered
rty A. In case the sum to be paid
rty B fails to cover the value of the long-term letters of credit opened
rty A, the difference shall be made up
rty B by paying that much
rty A in advance, before the long-term letters of credit are due, to enab
rty A to reimburse on time the long-term letters of credit it opens. The payment of the long-term letters of credit opened
rty A is based
rty B's opening a sight letter of credit under the provisions and on its paying the advance required herein. Thu
rty B warrants, guarantees and covenants that it will open the letters of credit and pay the advance as provided herein.
ARTICLE 3 REIMBURSEMENT
rty A shall reimbur
rty B for all the machines and auxiliary equipment supplied
rty B by delivering goods
rty B on a monthly basis and the reimbursement will last for___ year(s) and ____months(s). The reimbursement shall start approximately ____month(s) after the first delivery of the machines and, in principle, the money to be reimbursed per month shall be ______percent of the total amount due for the machines. With a ______month(s) notice
rty
rty A may reimbur
rty B in advance.
Within the reimbursement perio
rty B shall, under the provisions of the additional sales agreement aforesaid, open, sight, irrevocable, divisible and assignable letters of credit, covering the full amount, in favor
rty A.
ARTICLE 4 STANDARD MONEY A
ICE STANDARD
The standard money for this transaction is (Name of currency). All the machinery, auxiliary equipment and measuring and testing instruments , etc. provided
rty B shall be valued with (Name of currency), while the goods provided
rty A
rty B as reimbursement shall be valued with the basis price (Name of currency) of the same goods exported
rty A at the time when this agreement is entered into, and the total price (Name of currency) shall be changed into that of (Name of currency) in accordance with the exchange rate then.
ARTICLE 5 INTREREST
rty A shall pay the interest on its long-term letters of credit and the interest on the cash in advance rendered
rty B. The annual interest rate is agreed upon at_____%.
ARTICLE 6 TECHNICAL SERVICE
The machinery, after arrival at its destination, shall be installed
rty
rty B shall dispatch its technicians to render spot instructions and other necessary technical assistance during the installation of the main machines, as may be requested
rty A in case of necessit
rty B shall be liable for the losses resulted in such a course of installation from technical default on its part.
ARTICLE 7 ADDITIONAL E
ENT
During the enforcement of this agreement, if it is found necessary that, in addition to the machinery and equipment listed herein, some new accessories or measuring and testing instruments are needed for completion of the project, (an) additional order(s) may be made through negotiation by the parties. The new items thus added shall be incorporated in agreement.
ARTICLE 8 INSURANCE
The machinery and auxiliary equipment, after shipment, shall be insured
rty B. The title thereof shall be transferred in
rty B after full payment therefore is made
rty B, thereafter, the unforeseeable losses concerning the machinery and auxiliary equipment shall be indemnified for first by the Insurance Company
rty B, th
rty B shall remit f
rty A,in proportion, the sum already paid
rty A for the machinery or equipment involved in the contingency.
ARTICLE 9 LIABILITY FOR BREACH OF AGREEMENT
rty B shall , if it fails to comply with this agreement to make purchase of the goods delivered
rty A as reimbursement,
rty A shall, if it fails to comply with this agreement to deliver the goods it is due to provide, be deemed liable for a breach of agreement and shall compensate the non-breachi
rty for the loss caused thereupon and shall pay the non-breachi
rty a fine accounting for % of the total value of the goods in question.
ARTICLE
RFORMANCE GUARANTEE
To guarantee the implementation of this agreement, each party shall submit to the other party a letter of guarantee issued by its bank respectively. The guaranteeing bank
rty A is ______ Bank, ______, while the guaranteeing bank
rty B is ______Bank, ______.
ARTICLE 11 AMENDMNET
The modification of this agreement in particular cases shall be agreed upon by both parties through negotiations.
ARTICLE 12 Force Majeure
In case that one or both parties are impossible to perform the duties provided herein on account of force majeure, the party (or parties) in contingency shall inform the other party (or each other) of the case immediately and may, provided the case is duly verified by the competent authorities, delay in performance of or not perform the relevant duties hereunder the be partially or entirely exempted from the liability for breach of this agreement.
ARTICLE 13 ARBITRATION
Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission,Shenzhen Commission for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law
R.C.
Notwithstanding any reference to arbitration, bo
rties shall continue to perform their respective obligations under the Contract unless otherwise agreed.
ARTICLE LANGUAGE AND EFFECTIVE DATE
There are two originals hereof made respectively in Chinese and ______, both of which are of the same effect.
This agreement shall come into effect on the date when both parties set their hands hereunto and remain effective for_____ years. Upon its expiration, the parties may, if they choose, extend the term hereof for _____years or execute a new cooperation agreement, provided they apply to and approved by the Authority agencies concerned.
rty A
rty B
Representative of___ Representative of___
(Authorized Signature)___ (Authorized Signature)
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