染雾英文采购合同 篇一
A Guide to Writing an English Purchase Contract
A purchase contract is a legal document that outlines the terms and conditions of a purchase agreement between a buyer and a seller. It is important to have a well-written purchase contract to protect the interests of both parties involved. In this article, we will provide a guide on how to write an English purchase contract.
1. Title and Parties Involved: Start the contract with a clear title that indicates it is a purchase contract. Include the names and contact information of both the buyer and the seller.
2. Description of the Goods: Provide a detailed description of the goods being purchased. Include specifications, quantities, quality standards, and any other relevant details. This ensures that both parties have a clear understanding of what is being bought and sold.
3. Price and Payment Terms: State the agreed-upon purchase price and outline the payment terms. Specify the currency, payment method, and any installment plans or deadlines. It is essential to be clear about the payment terms to avoid any misunderstandings.
4. Delivery Terms: Clearly define the delivery terms, including the delivery location, method, and timeframe. Specify who is responsible for the shipping costs and any insurance requirements. This section ensures that both parties are aware of their obligations regarding the delivery of the goods.
5. Inspection and Acceptance: Outline the process for inspecting the goods upon delivery. Specify the timeframe within which the buyer must inspect and accept or reject the goods. Include details on how any discrepancies or defects will be handled.
6. Warranties and Guarantees: State whether the seller provides any warranties or guarantees for the goods. Specify the duration and scope of these warranties. This section protects the buyer in case of any defects or malfunctions.
7. Governing Law and Dispute Resolution: Include a clause stating the governing law of the contract and the jurisdiction in which any disputes will be resolved. It is advisable to choose a neutral jurisdiction that both parties agree upon.
8. Termination and Breach: Outline the conditions under which either party can terminate the contract and the consequences of a breach. This section provides clarity on the rights and obligations of both parties in case of a dispute.
9. Confidentiality: Include a confidentiality clause to protect any sensitive or proprietary information shared during the course of the contract. This ensures that both parties maintain the confidentiality of any trade secrets or business information.
10. Signatures: Finally, include spaces for the signatures of both the buyer and the seller, along with the date of signing. This signifies the agreement and acceptance of the terms outlined in the purchase contract.
Remember, it is always advisable to seek legal advice when drafting a purchase contract to ensure that it complies with local laws and regulations. A well-written purchase contract not only protects both parties but also establishes a clear understanding of the rights and obligations involved in the purchase agreement.
英文采购合同 篇二
Common Clauses in an English Purchase Contract
A purchase contract is a legally binding document that outlines the terms and conditions of a purchase agreement between a buyer and a seller. It is important for both parties to be aware of the common clauses that are typically included in an English purchase contract. In this article, we will discuss some of these common clauses.
1. Entire Agreement: This clause states that the purchase contract represents the entire agreement between the buyer and the seller. It ensures that any previous oral or written agreements are superseded by the terms outlined in the contract.
2. Force Majeure: This clause addresses unforeseen circumstances that may prevent either party from fulfilling their obligations under the contract. It excuses the non-performing party from liability if the non-performance is due to events beyond their control, such as natural disasters or acts of war.
3. Indemnification: This clause specifies that one party agrees to compensate the other party for any losses, damages, or liabilities that may arise from the purchase agreement. It provides a mechanism for resolving disputes and holding the responsible party accountable.
4. Limitation of Liability: This clause limits the amount of liability that one party can claim against the other party. It protects both parties from excessive financial exposure in case of any breaches or damages.
5. Assignment: This clause determines whether either party can transfer their rights or obligations under the contract to a third party. It is important to clearly state whether assignment is allowed or prohibited.
6. Non-Disclosure: This clause ensures that both parties will keep any confidential information disclosed during the course of the contract confidential. It protects trade secrets, proprietary information, and other sensitive data.
7. Governing Law: This clause determines the laws that will govern the interpretation and enforcement of the purchase contract. It is important to specify the applicable jurisdiction to avoid any conflicts or uncertainties.
8. Termination: This clause outlines the conditions under which either party can terminate the contract. It specifies the rights and obligations of both parties in case of termination and may include provisions for notice periods or penalties.
9. Dispute Resolution: This clause determines the method of resolving any disputes that may arise from the purchase agreement. It may specify arbitration, mediation, or litigation as the preferred method of dispute resolution.
10. Severability: This clause ensures that if any provision of the contract is deemed invalid or unenforceable, the remaining provisions will still be valid and enforceable. It protects the overall integrity of the contract.
These are just some of the common clauses that are typically included in an English purchase contract. It is important for both parties to carefully review and understand these clauses before signing the contract. Seeking legal advice can help ensure that the contract is fair, balanced, and complies with applicable laws and regulations.
英文采购合同 篇三
contract no.:xxx
sales and purchase contractfor
manganese ore
this contract is made and entered into onxx, febXXunder terms and conditions as per the international chamber of commerce-600 (icc ucp-600/XX revision) by and between:
the buyer:
address:
tel:
the seller :
address:
tel:
whereby seller agrees to sell to buyer and buyer agrees to buy from seller manganese ore under following the terms and conditions stipulated below:
article 1 commodity
concentrated manganese ore
article 2 specifications
concentrated manganese ore
size: 0-5mm (90% min)
% mn min. 40.0%
% fe max. 15.0%
% silica ( sio2 ) max. 1.0%
% aluminum ( al ) max. 4.0%
% s max. 0.20%
% p max. 0.10%
moisture max. 7%
article 3 quantity:
500 mt, partial shipment not allowed.
article 4 origin and port of loading
4.1 republic of abc
4.2 loading port:
article 5 packing/delivery
5.1 in50 kg sack
5.2 incontainer shipment, more or less 20 tons.
article 6 shipment/delivery
6.1 500mt(+/-5%)partial shipment not allowed
6.2 shipment will be 90 days after signing of this contract and after the acceptance of the letter of credit by seller’s bank. l/c will be openedafter buyerreceivingproforma invoice from sellerwith confirmation of the delivery schedule.
6.3 the buyer has the right to appoint the independent surveyor or his representative to conduct the pre-shipment inspection and/or conduct the joint-inspection of the material with buyer for his own account.
article 7 contracted price and values
price:mn: 48% and above - usd0.00/%/dmtcfrcy port, china
40% - 47.9% - usd 0.00 /%/dmtcfrcy port, china
the mn content will be average of the joint-inspection testing result at loading port.
article 8 payment
8.1 payment shall be effected in full by an irrevocable letter of credit, which will be opened by 1stclass bank in hong kong or singapore, 100% at sight upon presentation of shipping documents.
a. seller’s banking details:
bank name :
bank address :
account name :
s.w.i.f.t. code swift :
b. buyer’s bank issues l/c to the seller's bank via s.w.i.f.t. wire transfer.
buyer’s banking details:
bank name : (will be advised)
bank address :
account name:
s.w.i.f.t. address swift :
article 10 inspection of analysis & weight
the shipmentinspection and analysis shall be done byccicappointed by the seller and one independent surveyor (i.e.: sgs or geo-chem, etc) appointed by the buyeras agreed by both parties at site before loading to container. while final weightand qualitydetermination shall be done atloadingportby the above joint-survey.moisture content shall be deducted from the total weight shipped.
article 11 documents
seller shall present the following documents to the buyer:
a. signed commercial invoice for 100% of the total cargo value indicating, quantity, unit price and the total amount of value of the delivered commodity , 1 original and 3 copies.
b. certificates of quantity, quality and weight issued byccicand one independent surveyor appointed by the buyer.
c. certificate of origin issued by abc department of trade or concerned government authorities, i original and 2 copies.
d. weight list, showing total weight , 1 original and 3 copies.
e. bill of lading, 3 original copies and 3 non-negotiable copies.
article 12 force majeure
the seller shall not be responsible for the delay of shipment or non-delivery of the goods due to force majeureunder ucp 600. the seller shall advise the buyer immediately of the occurrence mentioned above and within 3 days thereafter the seller shall send a notice by courier to the buyer of their acceptance of a certificate of the accident issued by the local chamber of commerce under whose jurisdiction the accident occurs as evidence thereof. under such circumstances the seller , however, are still under obligation to take all necessary measures to hasten the delivery of the goods. in case the accident l
article 13 arbitration
all disputes arising out of or in connection with this contract shall be finally resolved by arbitration in accordance with the rules of arbitration of the international chamber of commerce (ucp-600/XX or uniform customs and practice for documentary credits) by one or more arbitrators appointed in accordance with the said rules. the arbitration shall be conducted in abcbythe english language.
buyer seller
(authorized signature/seal) (authorized signature/seal)annex 1-------international chamber of commercepublished copy of theuniform customs and practice for documentary credits-600/XX. a copy of the publication is attached to the contract for sales and purchase of philippine manganese ore signed by and between_____________and _________________ dated ________________.
