CONTRACT No …

Place, Date …
* CONTRACT Between: Name: …
Address: …
Tel: … Fax: … Email: …
Represented by …
Hereinafter called as the SELLER
And: Name: …
Address: …
Tel: … Fax: … Email: …
Represented by …
Hereinafter called as the BUYER
The SELLER has agreed to sell and the BUYER has agreed to buy the
commodity under the terms and conditions provided in this contract as
follows:
Art.1: Commodity:
Art.2: Quality:
Art.3: Quantity:
Art.4: Price:
Art.5: Shipment:
Art.6: Payment:
Art.7: Packing and marking:
Art.8: Warranty:
Art.9: Inspection:
Art.10: Force Majeure:
Art.11: Claim:
Art.12: Arbitration:
Art.13: Other terms and conditions:
… (Loading terms/loading and discharging rate; Performance Bond,
Insurance; Penalty)

For the BUYER For the SELLER

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TERMS
1.COMMODITY
a. Common name+ scientific name:
b. Name+ origin
c. Name+ specifications
d. Name+ production time
e. Name+ trade mark
f. Name+ functions
g. Name+ model
h. Combination

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TERMS
1.COMMODITY

• Vietnamese long grain white rice of 10% broken, crop 2008

• Two-litre multi rice cooker, Sanyo brand, model AB12,

made in Japan, 2008

• Charger AB 123, 110V/220V for large battery.

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2.QUANTITY/ WEIGHT/ AMOUNT OF GOODS)

- Piece, unit…
- MT, kg, gallon….
- Bag, box, bottle …
LT=long ton=1016,047 kg
ST=short ton=907,187kg

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1. Net Weight 10,000 MT +/- 10% (at the seller’s option)

2. 100 sets, one set with one catalogue and one adaptor .

3. 500 MT+/- 5% at the seller’s option in accordance with the

market price/ contract price.

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3 .QUALITY/ SPECIFICATION / DESCRIPTION OF GOODS:
a. by sample:

Quality:
* As per sample no…., in the possession of
the Buyer on …… The sample must have
the signatures of all Parties. The sample is
to be made in 03 copies for the Buyer, the
Seller and the Surveyor. The sample is an
integral part of the Contract.

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3 .QUALITY/ SPECIFICATION / DESCRIPTION OF GOODS:

b. By standard :

Quality:
1. Arabica grade 1, TCVN 4193 : 2001
2. In accordance with TCVN --------- in effect in--------

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c. By specification:

Specification:
- Mainboard ECS 845GV-M3 – Socket 478
- CPU Intel Pentium 4 Processor – Socket 478
-Monitor 15 inch Samsung SyncMaster
- Medium Tower Case ATX ROBO
- Keyboard PS/2 ROBO Multimedia
- Mouse PS/2 ROBO Optical Scroll
- CD Rom 52X

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By the state of the goods:
Quality: As it is

By the goods inspected before

Quality: As inspected and approved by the Buyer

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Quality:

The quality of the Goods is as per

the attached Technical Documents
agreed by the Buyer. Technical
Documents are in Vietnamese. The
Technical Documents are an
integral part of the Contract.
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Quality:

The Goods shall be with X trademark,

officially registered at …… The quality
of the Goods shall be in conformity with
the quality of X trademark.

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By description:
Pepper: clean, dry, black, hot taste
- Moisture: 14%
- Admixture: 1%
- Not mouldy or mouldy smelling

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By description:
Yellow sesame: new crop, dry, clean, no
worm eaten
- Moisture: 8% Max.
- Other color grain: 2% Max.
- Admixture: 1% Max.
- Oil content: 45% Min.
- Acid index: 3 Max.

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By description:
+ Moisture: 14 % max
+ Foreign matter: 0.5% max
+ Broken: 25.00% max
+ Whole grain: 40.00 % min
+ Damaged kernel: 2.00% max
+ Chalky kernel: 8.00% max
+ Red kernel: 4.00% max
+ Immature kernel: 1.00% max
+ Milling degree: ordinary milled

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 4. PRICE:

setting price:
a. fixed price: “100 USD/kg FOB HP port, Incoterms 2000”

b. deferred fixing price:

“Will be set in May, 2009 at the price of 85 USD/MT lower than posted
price for Robusta grade 1 at LIFFE”

c.  flexible price:

“ 220 USD/MT FOB HP, Incoterms 2000. The price shall be changed if
on the delivery, market price varies more than 10%”

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Unit price
Total amount
Packing
Accessories

Price:
Unit price: USD 200.00
Total amount: 200 USD x 200 sets = 40,000 USD
(Forty thousand US dollars only)
The price is to be understood FOB Singapore,
Incoterms 2000 including packing and accessories

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5. DELIVERY/ SHIPMENT:
A. Time of delivery:

B. Place of delivery:
Port of discharge
Port of destination

C. Mode of delivery
Lump-sum. Partial- shipment, installments.

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5. DELIVERY/ SHIPMENT:

5.1 Time of shipment: not later than ------

5.2 Port of loading: Indonesia main ports
5.3 Destination port: Hochiminh City Port
5.4 Notice of shipment:
Within 2 days after the sailing date of carrying vessel
to S.R Vietnam, the Seller shall notify by cable to the
Buyer the following information:
+ L/C number
+ Amount
+ Name and nationality of the vessel
+ Bill of Lading number/ date
+ Port of loading
+ Date of shipment
+ Expected date of arrival at discharging port

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6. PAYMENT):
a. currency of payment

b. time of payment:

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c. Place of payment:

d. Mode of payment:

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Payment:
- By TT remittance within 7 days from the receipt of
shipping documents (original) to …. account no.:
……. in ……bank, HCM city, HN
- Payment shall be made upon the receipt of these
shipping documents such as:
+ Full set (3/3) of clean on board Bill of lading,
marked: Freight prepaid
+ Commercial invoice in triplicate
+ Packing list in triplicate
+ Certificate of origin issued by ……………

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Payment:
* Within a week after receipt of Notice of Shipment,
the Buyer shall make full payment by T/T to the
account of the Seller from X bank to Y bank

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Payment:
By D/P base-telegraphic reimbursement right after
receipt of shipping documents from ---------bank
HCM city/ HN
Reimbursement of 100% contract value is to be
transferred to the Seller’s Account no.: …… at
-------bank.
Buyer’s bank: ----------- ( name)
Add:………………..
Following documents must be presented to:
+ Full set (3/3) of clean on board Bill of
lading, marked: Freight prepaid
+ Commercial invoice in triplicate
+ Packing list in triplicate
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Payment:
The Buyer shall open an at sight, irrevocable L/C in USD to
make a total payment for the Goods. L/C shall be opened at
least 15 days before the estimated time of delivery and shall
be valid for 21 days from the delivery day.
Beneficial: ABC co…..
Advising Bank: Korea First Bank…
Issuing Bank: Incombank …
L/C is payable on the presentation of the following
documents:
- A full set of original clean, on board B/L, Freight Prepaid
- Commercial Invoice in triplicate
- Certificate of quality by SGS
- Packing list in triplicate
- Certificate of origin issued by VCCI
- Insurance policy: 1 original, 2 copies
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Payment:
By Irrevocable Letter of Credit at sight
Buyer shall open an Irrevocable Letter of Credit at
sight in favour of the Seller through
VIETCOMBANK requiring the following
documents for negotiation:
Full set of Signed commercial Invoice
Full set of Clean on board original Bill of lading
Certificate of Origin
Certificate of quality/weight issued by independent
supervisor
Certificate of Phytosanitary
Certificate of Fumigation
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7. PACKING AND MARKING
Types of packing:

Bag, gunny bag, paper bag, bale, barrel, box,

case, wooden case, plywood case, double
case, fiberboard case, carboy, crate, carton,
corrugated carton, container, drum,
package, roll, sack, tin.

Outer bag, inner bag, intermediate bag.

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Packing and marking

EXPORT STANDARD

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Packing and marking

Standard Export Seaworthy Packing

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Packing and marking

These Goods shall be packed in bags of 50kgs

net each, and then the Goods shall be stuffed in
container 20’.

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8. WARRANTY

All equipment and accessories under the Seller’s scope of

responsibility will be within 12 months warranty by the
Manufacturer from the date of Final Acceptance Report,
but not exceeding 14 months from the date on Bill of Lading.
For consumable items, components and spare parts,
Manufacturer’s warranty conditions apply.

During the warranty period, the Seller is responsible for

technical support to help the Buyer in solving technical
problems if the Goods show any defects. The first line of
technical support shall be by telephone and/or email.

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9. Inspection

Inspection Report issued by SGS/or Independent

Surveyor at Loading Port is required. Inspection
fee before loading is on Seller's account.
Re-inspection at unloading port by SGS or
VINACONTROL is on Buyer's account and result
of re-inspection at unloading port is final for claim
(if any)

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10. Force Majeure
The Force Majeure clause of the International
Chamber of Commerce (ICC publication No:---- ) is
hereby incorporated in this contract.
Either party shall within 24 hours give notice to the
other party of any Force Majeure event effecting its
obligations under this Contract along with
documentary evidence issued by the Chamber of
Commerce at the place where the incidence
occurred or by the competent authority connected
with the cause.
Should the effect of Force Majeure continue for
more than 30 consecutive days, both parties have a
right to cancel this Contract. 32
11. CLAIM
In case of non-conformity of the quality of the products
actually delivered by Seller with the Contract specifications,
any claim concerning the quality of the goods must be
presented to Seller within three months from the date of
delivery
No claims shall be accepted by Seller party after expiry of
the above period.

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12. ARBITRATION

In case of dispute and if the contracting parties

cannot reach an amicable settlement of any claim
concerning this Contract, the case will be
transferred to the Singapore International
Arbitration Center (SIAC) in accordance with
Singapore law under ICC rules of arbitration. The
decision taken by this arbitration will be final. All
fees and expenses incurred from this arbitration
shall be borne by the losing party.

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12. ARBITRATION

All disputes arising out of or in relation to this

Contract, which is not reach an amicable agreement
between both parties, shall be finally settled by the
VietNam International Arbitration Centre (VIAC)
at the VietNam Chamber of Commerce and
Industry (VCCI) in HaNoi in accordance with its
arbitration rules and procedures, whose award
shall be final and binding by both parties.
Arbitration fee and all of fees and charges relating
to arbitration shall be born by the losing party.

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12. OTHER TERMS AND CONDITIONS
This Contract comes into effect since the date of
signing and both parties undertake to execute
strictly all the terms and conditions. All previous
agreements shall become null and void.
Any changes or amendments to this Contract shall
be made in writing and subject to prior approval
from both parties.
Singapore law is applicable for this Contract. The
Incoterms 2000 edition is applicable as terms of
delivery.
This contract is made in English language in 04
originals, two of which are retained by each party.
Signing via fax is acceptable.
 
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1. Dunnage and bamboo mat are for the
buyer’s account
2. Shore tally to be at the Seller’s account
3. Vessel’s tally to be at the Buyer’s account
4. All export duties, taxes, levied in the
country of origin to be at the Seller’s
account

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5. The certificate of quality, weight and
packing issued by Vinacontrol at loading
port to be final and for the Seller’s account.
6. Fumigation to be effected on board the
vessel after completion of loading with
expenses to be at the Seller’s account.
7. Time for fumigation is not counted as lay
time.

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8. In case of delay in payment, Buyer shall
remit to Seller interest calculated from the
date of presentation of documents to the
bank in---- to the date of effective receipt
of due amount. The interest will be
calculated at Libor rate plus 1 per cent.

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