Professional Documents
Culture Documents
Contract No. :
Sign on
:
Seller:
Description
Unit
Q'ty
Unit Price
(USD)
Total Price
(USD)
TOTAL
Say in US Dollars only.
1.
2.
3.
4.
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5.
The goods must be meet the Buyers demand and in the good operation state. If the quality of
goods does not meet the requirements in accordance with negotiation between two parties, the
Buyer will return the goods to the Seller and the Seller shall be liable to replace the new goods
within 30 days from receiving the Buyers official information. All expenses arising from this
event shall be settled by the Sellers Account including all charges during period of customs
clearance in Vietnam site.
ARTICLE 2: DELIVERY
-Shipment time: ETD ..days base on the contract date
If the delivery time is not meet as per negotiation, the Seller shall bear a penalty of 1% per late day
on the total contract value. Demurrage charges and the penalty arising shall be deducted directly from
the Invoice value.
- Port of loading
: Any airport / port in .
- Port of destination : by courier express to Cat Lai Port, Ho Chi Minh City, Vietnam for shipment by
sea.
- Document from 3rd party: is acceptable.
- Partial shipment
: allowed.
- Transhipment
: allowed.
- Packing
: as mentioned above.
- Label of goods
: the goods is required to have the label that be ticked on goods directly with the
following contents:
The manufacturers name:
The products name:
Model:
Origin:
- Shipping mark
: noted on shipping case as follows:
Exporters name: .
Importers name: MONDELEZ KINH DO VIETNAM JOINT STOCK COMPANY
Commoditys name
Net weight Gross weight
Origin:
The label / shipping mark must to state clearly all above contents. In case of the Seller doesnt make as
per this instruction, the Seller will settle all the increasing charges.
ARTICLE 3: PAYMENT
Payment term
:
- Deposit USD (30% of contract value) once signing the Sales Contract.
- The remaining value by T/T 7 days from goods receipt date.
The payment is effective through any Buyers bank in Vietnam in favor of Seller.
Sellers bank:
Account holder
:
Bank Name
:
Bank address
:
Account No.
: ................................
IBAN
:
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SWIFF Code
Banking charges inside Vietnam shall be settled by the Buyer and banking charges outside Vietnam
shall be settled by the Seller.
Shipping documents:
+ Courier Express AWB and 3/3 originals 'Clean on Board' Airway Bill marked "Freight
Prepaid
+ 3/3 Original of Signed Commercial Invoices
+ 3/3 Detailed Original Packing Lists
+ 1 set of Original Certificate of Origin.
+ Insurance Policy/Certificate covered ICC (A) Clause for 110% invoice value, claim
payable in Ho Chi Minh City, Vietnam from the loading port to the Buyers warehouse. The Buyers
doesnt accept the Policy deductible in Insurance Policy.
+ Certificate of Origin
+ Certificate of Quantity and Quality issued by Manufacturer: 01 original + 01 copy
For Shipment by sea: all shipping documents should be sent to the Buyer by fax (No.84-8-38270453) or
email: nu.dangtdiep@mdlz.com right after shipment effected and after that all original shipping
documents must be sent directly to the Buyer. Otherwise, the Seller shall to bear all demurrage
charges arising from this event and shall be deducted directly into the Invoice value at payment.
The Seller will bear all taxes, fees and other charges relating to the supplied goods outside of
Vietnam (If any) including the withholding charge at Vietnam (if any).
The Buyer will bear all taxes, fees and other charges relating to the imported goods and other
taxes imposed by according to relevant Vietnam laws and regulations.
The Seller guarantees that the supplied goods as stated in this Contract are brand new (100%)
without used and are manufactured in fully conformity with the description, technical
specifications as requested, the materials used for manufacture of equipment are suitable and
assembly in high quality. The Seller guarantees to repair or replace free of charge all faults if the
Buyer can demonstrate that the faults were made in mistake of designing or manufacturing or
not suitable material or the Seller wrong instruction.
The new goods or parts for replacement will be delivered by the Sellers cost to the site.
If the Seller fails to remedy or fix the problem of goods within 5 working days after receiving
notice from Buyer, Buyer has the right to hire a third party to fix the problem or buy replacement
and all expenses related to this will be borne by Seller.
ARTICLE 6: ANTI-BRIBERY
1. Doing Business In Good Faith
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a. Both parties agree that Buyer reserve the right to unilaterally terminate the Contract without
compensation and consider termination of all business transactions as well as the cooperation
with Seller if Buyer discovered that Seller:
i.
ii.
Not notice in time for Buyer all expressions of harassment of Buyers staffs during
contract negotiation, sign and implementation.
b. If the Seller violates this article, in addition to the right to unilaterally terminate the Contract,
Buyer can also request the Seller to compensate the direct damages arising from such violations.
2. Anti-Bribery
a. Seller and any Associated Person will not, directly or indirectly, in connection with this
Contract:
i.
pay, offer, promise to pay, or authorize giving anything of value (including gifts,
entertainment and donations) to a Government Official to improperly obtain, retain, or
direct business or secure an improper advantage for Buyer; or
ii.
take any other action to violate any applicable laws prohibiting commercial bribery,
including kickbacks, or other unlawful or improper means of conducting business.
iii.
Seller will promptly report to Buyer any request, demand, or offer prohibited above.
Seller will cooperate in good faith with Buyer in the event of an actual or potential violation
of this Anti-Bribery article, including providing access to its Associated Persons for
interviews at reasonable times and frequency.
g. If Buyer has reason to believe that a breach of any of the representations in this clause has
occurred or may occur, Buyer may withhold further payments under this Contract until it has
received confirmation to its satisfaction that no breach has occurred or will occur, and Buyer
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will not be liable to Seller for any claims related to its decision to withhold payments
pursuant to this Article.
Term means the entire period during which this Contract remains in effect.
Buyer will have the right to unilaterally terminate the Contract if the goods/equipment has not
been in the process of delivery yet.
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This Contract comes into effect from the signing date and expires when both of
parties have fulfilled all duties in this Contract.
Any amendment and or additional clause to the Contract shall be valid only if made
in writing and duly confirmed by both parties.
This Contract is made in English in 04 originals of the same value, 02 for the Buyer
and 02 for the Seller.
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