加拿大外贸
这个是一个客户的订单合同，要求我们签字，看了一下，里面涉及的条款好多，付款方式还那么差，大家帮忙看一下，这个是不是能做PURCHASE AGREEMENT
GENERAL TERMS AND CONDITIONS
This Purchase Agreement is made between '' '' (hereinafter referred to as the “SUPPLIER”) and '' '' (hereinafter referred to as the “PURCHASER”).
The Agreement shall come into force by the date of signature in this agreement and shall remain valid until the final completion of the job and/or when cancelled by the Purchaser.
1. Products Purchased
The Supplier agrees to sell, and the Purchaser agrees to buy, the following products in accordance with the terms and conditions of this Agreement and/or any agreement made before rather in written forms or verbally.
Product Description/Specifications Qty Unit Price Total Price
acc. to article 2. Products Specifications USD
Delivery Terms
Free Time Min. 14 days
Packaging 25 kg bags
Mode
of Transport Containers, Sea Shipment
Payment 5% in advance and the 95% is Letter of Credit at Sight
TOTAL USD
=SAY ‘FOURTY NINE THOUSAND’ US DOLLARS ONLY=
2. Product Specifications or any Particulars related to the product quality
The Goods which are to be shipped and/or has been shipped, shall comply with the specifications written above, as well as - if required by the Purchaser - the related batch samples of the goods to be shipped, submitted by the Supplier.
3. Documentation
Documents to be submitted by Supplier at minimum are as follows;
- Certificate of Origin approved or verified by authorized bodies.
- Commercial Invoice
- The Original Bill of Lading
- Packing List
- Certificate of Analysis of Each Batch
- Approval of Pre-Shipment Sample Letter
No charges on the Purchaser will be allowed for documentation, if agreed otherwise.
4. Delivery
The Goods shall be delivered as mentioned in article 1 in conformity with the conditions of the latest version of Incoterms published by the International Chamber of Commerce.
The Goods shall be properly packaged and secured in order to comply with the mode of transport.
Each packages/bags/pallets shall be labeled as agreed (Batch No., Net Weight, PO No.). No non-agreed charges will be allowed for packing, freight express or cartage unless mutually agreed upon in writing in advance.
The Supplier shall be fully responsible for delivery of the materials in good condition at the specified site according to the agreed Incoterms.
When agreed, The Supplier shall release the Goods for shipment after receiving “Approval of Pre-Shipment Sample Letter” from the Purchaser. Any Goods which have different batch number than pre-shipment samples will not be accepted.
5. Inspection
When agreed, The Supplier shall be responsible to send the pre-shipment samples of each batch to the Purchaser before delivery.
The Purchaser, upon receiving the pre-shipment samples, shall have a reasonable opportunity to analyze the pre-shipment samples to determine if the Products to be shipped conform to the requirements of this Agreement. If the Purchaser, in good faith, determines that all or a portion of the pre-shipment samples are non-conforming, the Purchaser provides written notice to the Supplier of the reason for rejecting the related batch(es). The Supplier will have 10 days from the written notice to change the noticed batch(es) with the new, suitable batch(es). Then, the Supplier shall send pre-shipment sample(s) of new batch(es) for approval. Unless the Purchaser approve the pre-shipment samples of all batches, the Supplier is not allowed to shipped the products.
When agreed, the supplier can also make visual inspection of the goods at the Supplier's premises.
6. Quality
The Supplier warranties that the Goods are (i) new, of good quality and free from defects, (ii) entirely in conformity with Supplier’s requirements, specifications, conditions, business needs and/or other data provided by the Purchaser, (iii) free from any hidden packaging faults, (iv) complete and suitable for the business purpose and use indicated by the Supplier and (v) do not infringe any intellectual property right of third parties, also with regard to the aforementioned business purpose and use, and that Supplier is owner of the intellectual property rights or holds sufficient rights to transfer the Goods, free from obligations towards to third parties.
Unless otherwise agreed, the quality of the Goods is exclusively determined by the Purchaser.
7. Damage in Transit
Cost of any damages to the goods, occurred during transportation shall be paid by the Supplier, depending on the Delivery Term agreed.
8. Payment of Taxes
If applicable, any dues or taxes out of Turkey are at the Supplier’s responsibility.
The Supplier agrees to pay all taxes of every description, federal, state, and municipal, that arises as a result of this sale, out of Turkey.
9. Warranties
The Purchaser or his representative(s) reserves the right to reject any goods if the Purchaser or his representative(s) considers those to be inferior quality to the approved samples.
The supplier agrees that when the Products are rejected by the Purchaser or his representative(s) shall be replaced by the Supplier by a time frame agreed by the Purchaser and the Supplier shall bear all risks/costs of the materials rejected by the Purchaser; return and replacement costs.
10. Delay in Delivery
If the Supplier fails to deliver the materials as per agreed Schedule, penalty will be imposed by the Purchaser at the rate of (1%) of total contract value for each week of delay.
11. Force Majeure
If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars.
The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
12. Arbitration
All legal disputes arising in connection with this agreement shall be brought for settlement before the courts in Aydin, Turkey. The only applicable law is Turkish Law.
13. Confidentiality
Both parties acknowledge that during the course of this Agreement, each may obtain confidential information regarding the other party’s business. Both parties agree to treat all such information and the terms of this Agreement as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Agreement. Upon request by an owner, all documents relating to the confidential information will be returned to such owner.
14. Notices
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed below or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
15. Amendment
This Agreement may be modified or amended if the amendment is made in writing and agreed and signed by both parties.
16. Signatures
This Agreement can only be signed by the representatives (whom are in power of signature by the law/regulation governing the each party's legal status) of the Supplier and Purchaser and therefore both the representatives and the parties become responsible for any matter related to the agreement.
Supplier Name:
Address:
Representative Name
Signature:
Place and Date:
Purchaser Name:
Address:
Representative Name:
Signature:
Place and Date:
[ 本帖最后由 来点CMC 于 2015-5-20 08:27 编辑 ]
评论
预付款30%-50% 其余验货后付款，保证安全:lol
评论
土耳其的不是最好100%前T/T么。货一但出了就掌控不了了
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我家在长寿做外贸今年低4年，一直都在做外贸刚开始我们这个工厂也没有外贸人 就老板和经理2个人，现在外贸全部我在打理，老板如果需要 我可以帮你兼职看合同做单证，签订单，接单，管理国际站等等，有需要联系我QQ1287763116
评论
这个合同里面的付款方式需要谈一下，首次合作，要么30%预付，70%拿到提单付，如果非要信用证的话，那至少也得30%预付
评论
100%LC 都可以做的，你这个已经不错了
评论
自己要掌握主动权 要是出了什么问题 什么合同都是白搭的
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看不懂。。。。
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最好发货之前能把货款收过来，我们有个土耳其客户，说是见提单副本付款，提单副本发给他了，他说他们付款会给我们发付款水单的，说的是很诚恳的，但是现在货都港了，客户还没有付款，还有我们这次走的是指定货代，现在正本提单还在我们手里，我们已经给指定货代说不能放货，但是心里还是打鼓。
评论
太长并不想看，做生意只看自己能不能做和能否收到货款。
付款方式是95%即其信用证，信用证开出后，问一下你们的开户行，开证行资质如何。
其他的如果你们能做到就不要嫌麻烦，有钱赚还不乐意:o
评论
个人建议
3. Documentation
Documents to be submitted by Supplier at minimum are as follows;
最好明确要提交的单据种类，而不是最少的，或者还可以请客户在开证前把开证申请书给你方确认，确保你方能满足信用证的付款条件。
7. Damage in Transit
Cost of any damages to the goods, occurred during transportation shall be paid by the Supplier, depending on the Delivery Term agreed.
如果使用的是D组的贸易术语才接受，否者又加重了你方的责任和风险。
12. Arbitration
All legal disputes arising in connection with this agreement shall be brought for settlement before the courts in Aydin, Turkey. The only applicable law is Turkish Law.
第12条改为仲裁在被申请人仲裁所在地进行更好，仲裁的法律争取为中国法律。
评论
先预付
加拿大电商我的客户需要从非洲免关税国家进口一些商品，所谓的免关税是不是也不用交增值税。 如果要交增值税，增值税的税率是多少？ 菜鸟向各位前辈请教了。 评论 关税与增值税是俩个税种 加拿大电商Hallo, bitte schicken Sie uns mehr info uber die QT8-15- Machine MfG Alfredo 评论 晕死 是德语 你去德语区问问吧 评论 要你关于QT8-15- 这个型号机器的信息 评论 跟你要关于QT8-15- 这个型号机器的资料信息
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