(수출계약서 예시)
ABC CO., LTD
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SALES CONTRACT
ABC CO., LTD., as seller, hereby confirms having concluded the sales contract with you(your
company), as Buyer, to sell following goods on the date and on the terms and conditions herein-
after set forth. The Buyer is hereby requested to sign and return the original attached.
Time of Shipment:
Port of Shipment:
Payment:
Insurance:
Packing:
Special Terms & Conditions:
Subject to the general terms and conditions set forth on back hereof:
Accepted by ABC CO., LTD.
(Buyer) (Seller)
(Signature) (Signature)
(Name & Title) (Name & Title)
Date Date
GENERAL TERMS AND CONDITIONS
All business hereunder shall be transacted between Buyer and Seller on a principal to principal
basis and both parties agree to the following terms and conditions :
(1) Quantity: Quantity shall be subject to a variation of ( )% plus or minus at Sell-
er's option.
(2) Shipment: Date of bill of lading shall be accepted as conclusive of the date of ship-
ment.
Partial shipment and/or transhipment shall be permitted.
If shipment is prevented or delayed in whole or in party, by reason of
Acts of God, or the consequence of, affecting Seller or any supplier to
Seller of the goods sold hereunder or any manufacturer of the goods
sold hereunder or any supplier to such manufacturer, such Acts of God
to include but not limited to fire, flood, typhoon, earthquake, or by rea-
son of riots, wars, hostilities, governmental restrictions, trade embar-
goes, strikes, lockouts, labour disputes boycotting of Korean goods,
unavailability of transportation of loading facilities, wrecks, delays or
damages in transportation or any other causes of a nature beyond Sell-
er's control, then, Seller may, at its option perform the contract of the
unfulfilled portion here of within a reasonable time from the removal of
the cause preventing or delaying performance, or rescind uncondi-
-tionally and without liability this contract or the unfulfilled portion
here of.
(3) Payment: Irrevocable and confirmed letters of credit negotiable at sight draft
shall be established through a prime bank satisfactory to Seller immedi-
ately after conclusion of contract with validity of at least 15 days after
the last day of the month of shipment for negotiation of the relative
draft. The amount of such letter of credit shall be sufficient to cover
the contract amount and additional charges and/or expenses to be
borne by the Buyer. If Buyer fails to provide such letter(s) of credit,
Seller shall have the option of reselling the contracted goods for Buyer's
account, holding the goods for Buyer's account and risk, and/or cancelling
the contract and claiming for damages caused by Buyer's de-
fault.
(4) Inspection: The inspection of quantity shall be done according to the export regula-
tion of the Republic of Korea and/or by the manufacturers which shall
be considered as final. Should any specific inspector be designated by
the Buyer, all additional charges thereby incurred shall be borne by the
Buyer and shall be added to the invoice amount, for which the letter of
credit stipulates accordingly.
(5) Packing: Packing shall be at the Seller's option. In case special instructions are
necessary the same should be intimated to the Seller in time so as to
enable the Seller to comply with it.
(6) Insurance: In case of CIF or CIP basis, 110% of the invoice amount, will be in-
sured, unless otherwise agreed.
Any additional premium for insurance coverage over 110% of the in-
voice amount, if so required, shall be borne by Buyer and shall be
added to the invoice amount for which the letter of credit shall stipu-
late accordingly.
(7) Increased Costs: If Seller's cost of performance are increased after the date of this
agreement by reason of increased freight rates, taxes or other govern-
mental charges and insurance rates including war risk, or if any varia-
tion in rates of exchange increases Seller's costs or reduces Seller's re-
turn, Buyer agrees to compensate Seller of such increased cost or loss
of income.
(8) Price: The price stated in the contract is subject to change and the actual
price to be paid will be that of Seller's current price list ruling at the
time of dispatch of the goods. Seller shall notify Buyer in writing or by
telex, cable or telegram of any revised price which shall be applied to
goods still to be shipped, unless Buyer cancels in writing or by cable or
telex the undelivered balance within 15 days from such notification.
(9) Any claim: Dispute, or complaint by Buyer of whatever nature arising under this
contract, shall be made in cable within 10 days after arrival of the
cargo in the destination port. Full particulars of such claim shall be
made in writing and forwarded by airmail so as to reach Seller within
20 days after cabling. Buyer must submit with such particulars as
Public Surveyor's report when the quality and quantity of merchandise
is in dispute. A claim made after the said 30-day period shall have no
effect and Seller shall not be obligated to honor it. Seller shall not
under any circumstances be liable for indirect or consequential damag-
es.
(10) Trade Terms: The trade terms used herein such as CIF, CIP and FOB shall be in ac-
cordance with Incoterms 2000. In all other respects, this Contract shall
be governed by and construed in accordance with the laws of Korea.
(11) Arbitration: All disputes. controversies, or differences which may arise between the
parties out of or in relation to or in connection with this contract of for
the breach thereof, shall be finally settled by arbitration in Seoul,
Korea in accordance with the Commercial Arbitration Rules of the Ko-
rean Commercial Arbitration Board and under the Laws of Korea. The
award rendered by arbitrator(s) shall be final and binding upon both
parties concerned.
(12) Deduction: Buyer may not deduct any amount from the price without Seller's
advance written authorization.
(13) Patents, Trademarks, Designs, etc:Buyer is to hold Seller harmless from liability for
any infringement with regard to patent, trademark, copyright, design,
pattern, construc tion, stamp, etc., originated or chosen by Buyer.
(14) Force Majeure: Seller shall not be responsible for nondelivery or delay in delivery
resulting from causes beyond its control. In the event of such an occur-
rence, Seller may at its option either postpone delivery until removal of
the causes, or cancel the balance of the order in the Contract.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives as of the date first above written:
For and on behalf of For and on behalf of
By : By :
Typed Name: Typed Name:
Title: Title:
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