This document outlines the terms of a contract for the sale of 5 million cartons of nitrile gloves at $57 per carton, totaling $285 million. It specifies the obligations of the buyer and seller, including payment terms, delivery, and quality checks. It also describes the risks involved, such as issues with product quality, delivery delays, late or cancelled payments, penalties for breach of contract, and force majeure events. Recommendations are provided to strengthen terms regarding penalties and payments.
This document outlines the terms of a contract for the sale of 5 million cartons of nitrile gloves at $57 per carton, totaling $285 million. It specifies the obligations of the buyer and seller, including payment terms, delivery, and quality checks. It also describes the risks involved, such as issues with product quality, delivery delays, late or cancelled payments, penalties for breach of contract, and force majeure events. Recommendations are provided to strengthen terms regarding penalties and payments.
This document outlines the terms of a contract for the sale of 5 million cartons of nitrile gloves at $57 per carton, totaling $285 million. It specifies the obligations of the buyer and seller, including payment terms, delivery, and quality checks. It also describes the risks involved, such as issues with product quality, delivery delays, late or cancelled payments, penalties for breach of contract, and force majeure events. Recommendations are provided to strengthen terms regarding penalties and payments.
FOB price: 57USD/ Carton Quantity: 5.000.000 (Cartons) Total Contract amount: 285.000.000USD 2. Obligations of parties: 2.1. The buyers: - Cooperate with the Seller to resolve any matter occur during period of Contract and merchandise exchange process. - Pay in full and on time to the Seller as agreed in sales contract as well as payment schedule agreed - Do not arbitrarily cancel or terminate the Contract contrary to the provisions of this Contract or the provisions of applicable law - Check the quality, quantity before gettting the shipment of The Seller's wearhouse. 2.2. The sellers: - Supply products to the Buyer with quantity, specification, time and place of delivery as agreed in Sales contract - Provide full documents of shipment to the Buyer as soon as delivery done according to the terms of this Contract - Cooperate with the Seller to resolve any matter occur during period of Contract and merchandise exchange process. - Has reposibilty for the quality of products have enough stickers, seal according to the terms of this Contract - Do not arbitrarily cancel or terminate the Contract according to the terms of this Contract 3. Risks: Product: product quality is non-standard (the buyer have to check the quality before receives product, after that, they bear all the risks about this problem) Delivery: - the buyer will has the risk if the shipping have problem, which really affects business work - the Buyer delay to get the shipment out of wearhouse (from 6th days, the Buyer have to pay storage fee from the Buyer’s invoice) Payment: the seller will face the problem if - The Buyer cancels the contract(the Seller will not return the deposit to the Buyer) - The Buyer makes the payment late (the Seller has right to liquidate the products and not return the deposit for that shipment) Penalty: - party has an error and breaches the Contract (must be compensated for an amount equivalent to the deposit value of this Contract and be fined 8% of the total Contract value for which the Contract is breached) - parties do not or fail to perform obligations fully Events of force majeure: natural disasters(Storms, earthquakes, floods, disease or any other nature-inflicted nature whose power and destruction are unpredictable or resilient) or war(the parties will notify each other of the incidents of this case, If the circumstances of force majeure persist for more than sixty (60) days, Contract parties will be automatically terminated.) 4. Recommend to change: Penalty: add the term if the actual lost a party cause to the others exceeds the contract value Payment: add the situation if buyer is unable to pay, more terms about payment problems