영문 소고기수입 판매 및 구매 계약서(SALE AND PURCHASE CONTRACT)

SALE AND PURCHASE CONTRACT(소고기수입)

문서서식포탈비즈폼

 

 

Date : July __ , 2003

Contract No. : -

This Sale and Purchase Contract (the “Contract”) is made on ___th day of July, 2003 by

and between BiefDil Company, Ltd (the “Seller”) and HamBuy Corp. (the “Buyer”) in

accordance with the terms and conditions hereinafter set forth.

1. Description of Good / Quantity / Unit Price / Total Amount:

문서서식포탈비즈폼

 

H.S.No.	HAM	Commodity	Quantity	Unit Price	Amount
			kgs kgs kgs	U$ U$ U$	U$ U$ U$
합계			kgs		U$

문서서식포탈비즈폼

 

1) Description of Good: ______________________

a. Brand : _________

b. Origin: _________

c. Size of each Item:

- “A”:

- “B”:

- “C”:

2) Quantity: as described hereinabove

- Quantity Variation: +/- _% of quantity per each item

3) Unit Price: as described hereinabove in accordance with CFR Pusan port, Korea

4) Total Price: as described hereinabove

2. Delivery:

문서서식포탈비즈폼

 

1) Time of Shipment:

- 1st shipment: within August 10, 2003 (_____: ________ kgs)

- 2nd shipment: within August 31, 2003 (_____: ________ kgs)

2) Port of Loading: ○○ port, ○○

3) Port of Destination: ○○ Port, ○○

4) Transshipment: not allowed

5) Partial shipment: allowed

6) Goods shall be shipped in reefer (refrigerator) container by direct ocean liner from port of loading to port of discharging

3. Quality:

문서서식포탈비즈폼

 

1) Fresh, normal color, no any chemical contamination

2) Slaughtering Date : Within 90 days prior to B/L date

3) (기타 제품의 품질기준을 명기할 것)

4. Payment:

문서서식포탈비즈폼

 

1) irrevocable, unconditional at sight letter of credit in favor of the Seller

2) Documents required

- Commercial invoice in ___(__) original and ___(__) photocopies

- full set (3/3) clean on board ocean bill of lading made out to order of issuing bank, marked “freight prepaid”, blank endorsement and notify as applicant

- Packing list in ___(__) original and ___(__) photocopies

- Certification of origin issued by the local Chamber of Commerce in ___(__) original and ___(__) photocopies

- Certification of Quality in ___(__) original and ___(__) photocopies

- Health Certificate in ___(__) original and ___(__) photocopies

5. Delivery Terms:

문서서식포탈비즈폼

 

1) CFR ○○ port, ○○

2) For the Buyer’s insurance purpose, the Seller shall send Buyer one copies of shipping documents including B/L, C/O, E/L issued by authorized organization within one (1) days from the B/L issuing date by fax.

3) Time of shipment is of essence for this Contract. Should Seller delay shipment of Goods for any reasons other than those set forth in Force Majeure clause, Buyer may :(a) cancel this Contract in whole or in part, and/or (b) request to Seller compensation 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.

6. Packing:

문서서식포탈비즈폼

 

1) Goods shall be packed in carton box after individual wrapping and the box shall be banded with strings for long distance ocean/parcel post/air freight transportation and for change of climate, well protected against moisture and shocks.

2) Net weight: ___kgs/carton box with windows

3) Each carton box should be marked with “Frozen Boneless S-Beef Cut Meat”, net weight, name of producer, origin, (기타 필요한 내용)

4) 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.

7. Marking:

문서서식포탈비즈폼

 

1) Marking information

- HAM No. (or MBG No.)

- Contract No.

- Country of origin

- Name of supplier and packer’s establishment No.

- Item No. and the name of cuts

- Packed date

- Net weight in kgs

- Category

- Identification

2) Marking method

- Above information must be marked on sides of the box and not be effaceable.

8. Inspection

문서서식포탈비즈폼

 

1) Inspection on Goods shall be carried out at the unloading port at Buyer’s expense.

2) Inspection may be done in the presence of Seller if Seller so desires.

3) 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.

4) 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 which are rejected.

9. Others Terms & Conditions:

문서서식포탈비즈폼

 

1) 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 for twelve (12) 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 warraty shall give Buyer the right (a) to reject Goods so affected, without prejudice to any right to damages for such breach or 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.

2) 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: (i) terminate this Contract : or (ii) 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 (iii) terminate this Contract as to any unshipped balance and recover from Seller as liquidated damages, a sum of ten percent (10%) 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.

3) 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 control of a party, the party so affected shall not be liable for any default arising therefrom in performance of this Contract.

4) 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 in Seoul, 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.

5) Trade Terms : All trade terms provided in this Contract shall be interpreted in accordance with the latest INCOTERMS of the International Chamber of Commerce. IN WITNESS WHEROF, the Seller and Buyer hereto have caused this Contract in duplicate to be executed by their duly authorized representatives as of the date and year first written above.

(Seller)                                 (Buyer)

BiefDil Company,                      Ltd HamBuy Corp.

 

By :___________________                By :___________________

Name :                                 Name :

Title :                                  Title :