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MODEL DE CONTRACT Nr.

11
AUTOR: ROMUL PETRU VONICA

Sample of export contract for white wood


Between:
Represented by:
Hereinafter reffered to as the "Buyer",
And:
Hereinafter reffered to as the "Seller"

The parties here to have agreed to the following:


A. The parties agree that the present contract will be reffered to as ".........".
This reference shall appear on all documents in connection with the present
contract and/or may be considered pursuant hereto.
B. The Seller hereby irrevocably agrees to sell to the Buyer the product of the
following caracteristics:

Product: Romanian white wood


Quantity: Total quantity to be determinated later
Trial order: two thousand cubic meters (2,000 CBM)
[detailed requirements in appendix #2]
Quality: Fresh cut,
Export quality and packing
Full sawn
C. The Buyer hereby accepts and agrees to purchase and pay for the supply of
said product, pursuant to the terms and conditions set forth herein.

1. Delivery
The product described above will be physically delivered on a FOB
Constanza sea port basis, said incoterms are applicable to any and all delivery,
including trail and/or partial deliveries, under the present contract.
The merchandise will be accompanied by following necessary and mandatory
documents:
- ..........
- ..........
- ..........
- ..........
- ..........
- ..........
- ..........
Important notice(s):
The forst delivery is to be made on: ... (date) ... with a maximum twenty-one
(21) days after acceptance of the Buyer's bank documents listed in article 3.a
hereunder.
The delivery schedule (if any) shall be as agreed upon by the parties and
added to the present contract as "appendix #1".
2. Responsibility
Per incoterms above, the Seller is responsible for the following costs:
- transportation up to Constanza sea port;
- loading in transporting vessel;
- all local costs for document(s) listed in article one above;
- all export taxes, tariffs and/or duties.
Per incoterms above, the Buyer is responsible for all the following costs:
- all other expenses after merchandise is loaded in transporting vessel,
specifically including chartering and insurance(s) to find destination, unloading
and inspection costs;
- all import taxes, tariffs and/or duties;
Title to the product is transferred from the Seller to the Buyer upon payment
as per the terms and conditions of this contract.
3. Bank coordonates and documents
(a): Bank coordinates
All payments and transmittals of bank documents to be made by the Buyer to
the Seller as per this contract are necessarily made by the means described in 3.b
hereunder:
Bank: ....
Branch: ....
Bank officer: ....
Phone: .... Fax: ....
Telex: .... Swift: ....
Account name: ....
Account nbr: ....
All payments and transmittals of bank documents to be made by the Seller to
the Buyer as per this contract are necessarily made to the following account:
Bank: ....
Branch: ....
Bank officer: ....
Phone: .... Fax: ....
Telex: .... Swift: ....
Account name: ....
Account nbr: ....
(b): Buyer's, for and prior to each and every delivery, shall cause his bank to
issue and/or confirm to Seller's bank the following documents:
- .... ....
- .... ....
- .... ....
4. Payment
Payment shall be made by Buyer's bank upon presentation and verification of
the documents listed in articles 1 and 3 hereinabove, plus the following:
- ....
- ....
- ....
- ....
- ....
5. Duration, cancellation
The present contract is entered into by the parties for a period of ........
(...) .......... As a of the date of it signature.
The minimal enforceable duration of this contract is ONE TRIAL ORDER
OF 2,000 CBM.
The party requesting early cancellation must do so in writing, by registered
mail with proof of receipt, at least two (2) months before the requested
cancellation may become effective. In no case shall cancelation become
effective when an order has already been sent to the Seller and ackwnoledged by
him.
If the Seller is defaulting on the first delivery, then the Buyer may cancel this
contract effective immediately, without any prejudice.
If the Buyer is defaulting on the first delivery, then the Seller may cancel this
contract effective immediately, without any prejudice.
6. Price
"Net" for this contract constitues the amount of product meeting the
standard(s) set herein accepted by the parties.
The net price agreed upon by the parties is USD 130.000 (one hundred and
thirty United States Dollars) per net cubic meter of product delivered as per
incoterms herein, to be as described herein.
7. Reserve
The parties reserve their right to transfer and/or assign the present contract to
any bank or corporation. To do so, the party wishing to transfer/assign its rights
must give the other a prior written notice.
The other party then has five/5) days from the receipt of the notice to decide
whether it accepts that such transfer/assignment be made. The authorization may
not be refused without a valid reason.
8. Governing law, arbitration, litigation
The parties hereto accept and acknowledge the rules of the International
Chamber of Commerce as set forth in its available brochure "ICC500", which
are deemed to be an integral part of the present contract.
In the event of an arbitration or litigation on the interpretation, the
conclusions or the cancellation of the present contractor of the agreements or
actions contemplated herein, if the parties are not able to settle their differences
in an amicable manner, the parties expressly undertake to submit their litigation
to the International Chamber of Commerce of Bucarest, Romania which will
have the exclusive competence in such regards.
The arbitrators will be chosen pursuant to the rules of the ICC and they will
render their decision as "amiable compositeurs" and by, as a last resort, applying
the laws of Romania.
9. Special conditions
The language of the contract is English.
Faxed documents have the same value as original, except to obtain payment
for wich only the relevant documents listed herein may be used.
This contract is deemed to be in effect as of its signing by the parties.
Documents presented more than twenty-one (21) days but within the validity
of the payment instrument are acceptable.
All banking costs, commissions, charges, ... are for the account of the party
issuing.
All the risks are per incoterm.

The present contract was signed in ......, ..... on this ...... of ........, 199...
in ..... originals and .... Copies.
For the Seller: ............. .................

Appendix #2

Trial order
Specifications for the trial order:
length cubic meters
- 22/24 x 100 x 3,000 mm 125)
- 22/24 x 100 x 4,000 mm 200) 22 mm to be
maximized and
- 22/24 x 120 x 4,000 mm 50) 24 mm to be minimized
- 22/24 x 150 x 4,000 mm 150)
- 38 x 190 x 4,000 mm 75
- 38 x 220 x 4,000 mm 75
- 38 x 250 x 4,000 mm 125
- 48 x 48 x 4,000 mm 150
- 48 x 96 x 4,000 mm 200
- 48 x 190 x 4,000 mm 50
- 48 x 220 x 4,000 mm 50
- 48 x 250 x 4,000 mm 150
- 75 x 75 x 3,000 mm 150
- 75 x 75 x 4,000 mm 250
- 96 x 96 x 4,000 mm 200
________________________________________________________________
Total quantity 2,000 cubic meters

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