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Sales Contract
Sales Contract
Sales Contract
Buyer
BINH MINH PLASTIC JOINT STOCK COMPANY
Address: 240 Hau Giang, Ward 9 District 6 Ho Chi Minh, Vietnam
Tel: 84-28-3969 0973
Fax: 84-28-3960 6814
Represented: Mr. Nguyen Hoang Ngan (Sales Manager)
Seller
SK GLOBAL CHEMICAL CO., LTD
Address: 280 Jangpyeong-ro, Nam-gu, Ulsan, South Korea
Tel: 82-32-6824311
Fax: 82-2-2121-7001
Represented: Mr. Gang In-gu (Sales manager)
It has been agreed that the Buyer buys and the Seller sells under the terms and conditions as follows:
Total value
USD 3,000,000
(IN WORDS: US DOLLARS THREE MILLION)
Tolerance
+/- 5% amount and quantity
1. Shipment
2. Payment
a. Payment term
Payment L/C 60 days from Bill of Lading date
c. Banking charge
All expenses and charges inside Vietnam are for buyer's account. All banking charges outside Vietnam are for seller's account.
3. Documents
Documents required:
1. A full set (3/3) of original Bill of Lading
2. Commercial invoice in triplicate
3. Certificate of origin form KV
4. Packing list in triplicate
5. Certificate of quality
The third party will be final buyer in all Documents: Invoice, Packing, C/O, Bill of Lading
The third party is responsible for connecting with shipping line in Vietnam to take cargoes instead of the Buyer.
2. Marking
Labeling: Each bag must be clearly marked with the following information:
Product name: High-density polyethylene (HDPE)
Net weight: 500 kg
Batch number: [Batch number]
Manufacturer: SK GLOBAL CHEMICAL CO., LTD
Address: 280, Jangpyeong-ro, Nam-gu, Ulsan, Korea
Warning signs: "Keep away from heat sources", "Do not tear", "Avoid moisture"
Additional requirements: All symbols and labels must be clearly printed and easy to read
3. Warranty
Warranty scope: SK Global Chemical Co., Ltd. Ensure that all HDPE products supplied to Binh Minh Plastic Joint Stock Company meet the quality standards set out in this contract.
Warranty period: product warranty is 12 months from delivery date or 6 months from use date, whichever comes first.
Warranty liability: during the warranty period, if the product is defective by the manufacturer, SK Global Chemical Co., Ltd. will be responsible for replacing or repairing the
product for free.
Exclusion of warranty: the warranty does not apply in the following cases:
The product is damaged due to the fault of the buyer or a third party
Product damaged due to improper storage or misuse
Guarantee Claim Procedure: the buyer must notify SK Global Chemical Co. in writing., Ltd. about any defects of the product during the warranty period. Notification must be sent
within 15 days of error detection.
Liability limit: SK Global Chemical Co., Ltd. will not be liable for any losses or damages arising indirectly from the use of the product, including but not limited to loss of profit or
business interruption.
c. Legal consequences
During the time affected by the irresistible event, the obligations of the affected party are suspended to the extent and for the time necessary to remedy the consequences of the event.
If the irresistible event lasts longer than 45 days, both parties have the right to discuss and agree on appropriate remedies, including but not limited to termination of the contract
without penalty or damages.
2. Arbitration
In the execution of this contract, any discrepancy or dispute arising out of in relation with this contract shall be settled amicably in written.
Otherwise the case should be resolved by arbitration at the Vietnam International Arbitration Centre at the Vietnam chamber of Commerce and Industry (VIAC) in accordance with
its Rules of Arbitration, whose final decisions shall be final and bound for implementation
3. Penalty
a. Delayed delivery penalty
Seller's responsibility: If the seller fails to deliver the goods on time as agreed in the contract, he will be subject to the following penalty:
Penalty: 0.5% of the delayed shipment value for each 7 day of delay, but not more than 5% of the total contract value.
Maximum delay: If the delay exceeds 30 days, the buyer is entitled to cancel the contract and claim damages.
e. Immunity clause
Irresistibility: None of the parties shall be liable for breaches or delays in the performance of the contract due to irresistible events such as natural disasters, war, epidemics,
or events beyond the reasonable control of the party.
FOR AND ON BEHALF OF THE SELLER FOR AND ON BEHALF OF THE BUYER
Mr. Gang In-gu Mr. Nguyen Hoang Ngan
Sales Manager Sales Manager