Sales Contract

You might also like

Download as xlsx, pdf, or txt
Download as xlsx, pdf, or txt
You are on page 1of 5

SALES CONTRACT

CONTRACT NO: BM-SK/18/04


DATE: 18/06/2024

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:

I. COMMODITY NAME/ QUALITY/ QUANTITY/ PRICE

Quantity Unit price Total value


No Item code Name of goods Description of goods
(TON) (USD/TON) (USD)
High-density Polyethylene
1 HDPE-1001 Polyolefin Plastomer (Polymer from ethylene, density above 0.94) 3,000 1,000 3,000,000
(HDPE)

Total value
USD 3,000,000
(IN WORDS: US DOLLARS THREE MILLION)

Tolerance
+/- 5% amount and quantity

II. SHIPMENT/ PAYMENT/ DOCUMENTS

1. Shipment

Time of delivery: Within 50 days after receiving advance payment.


Port of Departure: Ulsan Seaport (KRUSN) of South Korea
Port of Destination: Cat Lai Port (VNCLI) of Viet Nam
Partial shipment: not allowed
Notice of shipment: Within 24 hours after the date of B/L, the Seller shall notify the by fax to the Buyer.
By Incoterm 2020, the transfer will be completed. All rules and deliveries are CIF at Saigon Port Shipping & Maritime Services Joint Stock Company (SAMSET JSC), according to
the agreement between the two parties.
Time of delivery: Within 50 days after receiving advance payment.
Port of Departure: Ulsan Seaport (KRUSN) of South Korea
Port of Destination: Cat Lai Port (VNCLI) of Viet Nam
Partial shipment: not allowed
Notice of shipment: Within 24 hours after the date of B/L, the Seller shall notify the by fax to the Buyer.
By Incoterm 2020, the transfer will be completed. All rules and deliveries are CIF at Saigon Port Shipping & Maritime Services Joint Stock Company (SAMSET JSC), according to
the agreement between the two parties.

2. Payment
a. Payment term
Payment L/C 60 days from Bill of Lading date

b. Seller bank details


Seller bank account: 123456789
Beneficiary: SK GLOBAL CHEMICAL CO., LTD
Address: 280, Jangpyeong-ro, Nam-gu, Ulsan, Korea
Bank name: Korea Exchange Bank (KEB Hana Bank) - Ulsan Branch
Address: 1027-2, Dal-dong, Nam-gu, Ulsan, South Korea
Swift code: KOEXKRSEXXX

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.

V. PACKING/ MARKING/ WARRANTY


1. Packing
Packaging material: PE plastic pellets will be packaged in bags made from polyethylene or polypropylene, often with an inner lining to prevent moisture.
Packaging method: Use PP Jumbo Bags: Pack and seal 4 sides carefully to ensure the goods are not damaged during transportation and stacking on pallets.
Packaging quantity: Plastic pellets will be packed into bags, each bag contains 500 kg

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.

VI. FORCE MAEJURE/ ARBITRATION/ ARBITRATION


1. Force maejure
a. Definition
Irresistible is any event or situation beyond the reasonable control of the affected party, unpredictable and inevitable, including but not limited to:
Natural disasters (earthquakes, floods, droughts, storms, tornadoes, tsunamis, etc.)
Actions by a government or authority (banners, import and export bans, shipping restrictions, etc.)
Fire, explosion, serious technical failure.
Parades, parades, labour violence, or other industrial acts.
Pandemics or large-scale epidemics.

b. Notification and implementation


The party affected by the irresistible event shall notify the other party immediately in writing within 2 days of the occurrence of the irreversible event, with a detailed description of
the event and an estimated time of impact.
The affected party shall make every reasonable effort to mitigate the impact of the irreversible event and resume the performance of the contract as soon as possible.

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.

d. Limitations and disclaimers of liability


The non-resistance clause does not apply to the payment obligations of the parties under this contract.
Any party that fails to comply with the notification and impact mitigation provisions will not benefit from this non-resistance clause.

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.

b. Payment delay penalty


Buyer's responsibility: If the buyer fails to pay on time as agreed in the contract, he will be subject to the following penalty:
Penalty: 0.5% of late payment for each 7 day of delay, but not more than 5% total contract value.
Maximum delay time: If the payment delay exceeds 30 days, the seller reserves the right to discontinue delivery until full payment is received and claim damages.

c. Penalties for product quality violations


Seller's responsibility: If the goods do not meet the quality standards agreed in the contract, the seller will be subject to the following penalty:
Penalty: 5% of the value of the shipment is inadequate.
Remedies: The seller must replace or repair the goods that are not of good quality in the earliest possible time. If it is not rectified within [b] days, the buyer has the right to cancel
the contract and claim damages.

d. Penalty for breach of other terms


Responsibility of the parties: Any other breach of the terms of the contract will result in a penalty as follows:
Penalty: 5% of the value of the violated contract.
Remedies: Parties are responsible for taking the necessary measures to remedy the violation within 10 days. If it is not rectifiable, the infringed party has the right 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

You might also like