영문 D_P 구매 계약서(D_P PURCHASE CONTRACT)

D/P PURCHASE CONTRACT

문서서식포탈비즈폼

 

 

MESSRS.:

Buyer의 상호, 주소	Date	:
	Contract No.	:

 

 

 

ABC Company, Ltd. as Buyer, hereby confirms having purchased from you as Seller, the following goods by the contract made on the above date and on the terms and conditions hereinafter set forth. Seller is hereby requested to sign and return the original and if any discrepancy be found by Seller, Buyer should be informed immediately by fax or cable.

ITEM NO.	COMMODITY & SPECIFICATION	QUANTITY	UNIT PRICE	AMOUNT
1	Latch (K20-61313-B)	14,000	￥ 20.40	￥ 285,600
2	Latch (K20-61314-B)	6,000	￥ 23.10	￥ 138,600
3	Latch (H19-46315/3-C)	3,500	￥ 37.65	￥ 131,775
4	Latch (H19-46315/6-C)	16,500	￥ 25.35	￥ 418,275
TOTAL AMOUNT				￥ 974,250

 

Time of Shipment : June 15, 2003

Port of Shipment : Inchun port

Port of Destination : Nagoya port

Payment : By documents against payment

Insurance : Seller to cover the CIF price plus 10% against All Risking War and SRCC Risks

Packing : Export standard packing

Marking :      XYZ

Special Terms & Conditions :

 

This Purchase Contract is subject to the general and conditions set forth on back hereof :

 

Accepted by (Seller)				(Buyer) ABC Company, Ltd.
By	:			By	:
Name	:			Name	:
Title	:			Title	:

문서서식포탈비즈폼

 

 

 

 

General Terms and Conditions

문서서식포탈비즈폼

 

The purchase specified on the face hereof shall be subject to the following terms and conditions:

 

Licenses :        Seller, at its own expense, shall obtain any and all necessary permits or licenses to export Goods from the country of shipment and/or to import, sell, use or otherwise dispose of Goods, in any countries where such Goods are imported, sold, used, or otherwise disposed of.

 

Shipment :      Time of shipment is the essence of this Contract. Should Seller delay shipment of Goods for other reasons than those set forth in Force Majeure clause, Buyer may :(a) cancel this Contract in whole or in part, and/or (b) request Seller to compensate for any and all damages incurred to Buyer and any special premium transportation or other costs required for Goods to arrive at the destination as if Goods be shipped as scheduled.

 

Packing :          Seller shall pack Goods in strong wooden(s), in carton(s), or in others

suitable for long distance ocean/parcel post/air freight transportation and for change of climate, well protected against moisture and shocks. Seller shall be liable for any damage of Goods and expenses incident thereto on account of improper packing and/or improper protective measures taken by Seller.

 

Extra Expenses : Should the freight, insurance premium and other extra expenses at the time of shipment be raised or charged owing to unexpected changes of circumstances after this Contract is executed, such differences and/or additional expenses shall be borne by Seller.

 

Insurance :        In the event of CIF or CIP Contract, insurance shall be effected by Sell

er. Such insurance shall be effected at one hundred ten percent (110%) of the invoice amount, shall be issued by a first class underwriter and cover all risks. Any insurance not set forth herein shall be arranged by Seller whenever requested by Buyer at the cost of Seller.

 

Set-off :           Buyer may, at any time and without any notice, deduct or set-off Sell

er’s claims for money due or to become due from Buyer against any claims that Buyer has or may have arising out of this or any other transaction between the parties.

 

Payment :         After shipment, the Seller shall deliver a sight bill(s) of ex-change

drawn on the Buyer together with the required documents to the Buyer through a bank. The Buyer shall effect the payment immediately upon the first presentation of the bill (s) of exchange and the required documents, i.e. D/P.

 

Parts :           Seller shall supply to Buyer the parts, at actual cost, so long as Buyer continues to purchase Goods or for at least two (2) years after the last shipment of Goods to Buyer.

 

Inspection :       Inspection on Goods shall be carried out at the unloading port at Buyer’s expense. Inspection may be done in the presence of Seller if Seller so reasonably desires. Provided, however, notwithstanding any inspection or payment made by Buyer, Buyer may, without limiting its remedies, reject, require corrections or refuse acceptance of Goods which are not in conformity with the specifications or Seller’s express or implied warranty. Goods not accepted by Buyer shall be returned to Seller at Seller’s account and risk or disposed of by Buyer at a time and price which Buyer deems reasonable and Seller shall reimburse Buyer any and all damages incurred to Buyer due to Goods not accepted by Buyer.

 

Warranty :       Seller represents and warrants that all Goods to be sold by Seller shall conform fully to the specifications, analysis and other information furnished to Buyer and shall be merchantable, of good material and workmanship and free from any defects for at least twenty four (24) months from the date of unloading and that Goods shall be fit and sufficient for the purpose and clear of all liens and encumbrances. Seller’s warranty as stated above shall be an essential condition of this Contract and any breach of the said warranty shall give Buyer the right (a) to reject Goods so affected, without prejudice to any right to damages for such breach or the any other right arising from such breach of this Contract and/or (b) to terminate this Contract in whole or in part. Any and all warranty herein shall be in addition to any warranties express or implied by law or otherwise made by Seller and will survive acceptance and payment by Buyer.

 

Product Liability : Seller shall indemnify Buyer and hold Buyer harmless from and against, and shall defend against, any and all suits, actions, judgments, debts, obligations, claims and damages and all costs including attorneys' fees, incurred by Buyer, of every kind, of any nature or description, arising out of or in relation to, directly or indirectly, the product liability brought by third parties for death, or injury to person(s) or damage to or loss or destruction of property caused or resulting from the Buyer's sale, resale, use, consumption or other disposal of the Goods delivered by the Seller. In addition to the burden as set forth in the preceding Paragraph, the Seller shall at all times during the warranty period of twenty four months hereabove maintain Product Liability Insurance covering any or all Goods sold by the Seller to the Buyer at its expense in aggregate limits of (보험금 총액 : U$ ) and at least (사고건당 보험금액 : U$ ) per occurrence, which policies shall name Buyer as an additional insured. Seller shall furnish Buyer with a copy of a certificate of the insurance evidencing the aforesaid coverage.

 

Remedy :          If Seller shall be in default or fail to ship the Goods at the time

 scheduled, Buyer may by written notice to Seller exercise any of the following remedies: (a) terminate this Contract : or (b) terminate the Contract as to portion of the Goods in default only and purchase an equal quantity of the Goods of same kind and grade and recover from Seller excess of the price so paid over the purchase price set forth in this Contract, plus any incidental loss or expense: or (c) terminate this Contract as to any unshipped balance and recover from Seller as liquidated damages, a sum of five percent (5%) of the price of the balance. Further, it is agreed that the rights and remedies herein reserved to Buyer shall be cumulative and in addition to any other or further rights and remedies available at law.

 

Infringement :   Seller shall be responsible for any infringement with regard to patent, utility model, trademark, design or copyright relating to Goods in any country where Goods are sold, used or otherwise disposed of. In the event of any dispute with regard to the said intellectual or industrial property rights, Buyer may cancel this Contract. Seller shall be responsible for and shall defend, reimburse, indemnify and hold Buyer harmless from any and all liabilities, claims, expenses, losses and/or damages sustained thereby.

 

Force Majeure :   In the event of any prohibition of import, refusal to issue an import

license, act of God, war, blockade, embargo, insurrection, or any other action of governmental authorities, civil commotion, plague or the epidemic, fire, flood, or any other unforeseeable  causes beyond the reasonable control of a party, the party shall not be liable for any default arising there from in performance of this Contract.

 

Arbitration :     All disputes, controversies, or differences which may arise out of or in relation to or in connection with this Contract, shall be finally settled by arbitration Seoul, in Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board. The award rendered by the arbitrator(s) shall be final and binding upon both parties. This Contract shall be governed under the laws of Korea.

 

Trade Terms :    All trade terms provided in this Contract shall be interpreted in

accordance with the latest INCOTERMS 2000, of the International Chamber of Commerce.