Professional Documents
Culture Documents
S COMPANY
1. Sc op e of Supply:
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Certificate of Orig in issued by Chamber of Co mmerce
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of USA (certified true copy)
2 Lot 01 Included Included
Cert ificate of Quality & Quantity iss ued by
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TOTAL PRICE DDP Vung Tau (Incoterms 2010) (Included 10% VAT) (VND):
__ VAT (10%)
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5,674,786
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(In words : Viet Nam Dong Sixty Two Million Four Hu ndred Twenty Two Tho usa nd Six Hundred 62,422 ,646 M
Forty Si x .J ~ii;.~ I
2. List of Goods and Technica l Req uirem ent : ~,
• List of goods: Please find the Quotation dated 3 Apr 2015
• The goods shall be manufa ctured acc ord ing to attached datasheet.
Reference Document: (Sl andard Terms & Conditions are specified in accordance with the attachment here in shall apply)
Deputy Dircclor
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SOUTHERN PETROLEUM CONSTRUCTION J.S COMPANY
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the warranty as to quality (see Clause 6 below), in event Supplier fails to make deliveries as specified in this order or
Purchaser's supplemental schedules or in event Supplier breaches any other terms or conditions of this order. In the event
of such cancellation, Purchaser, without prejudice to any other rights available to it for breach of contract. shall have the
right.
(a) to refuse to accept delivery of material or performance of work;
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(b) to return to Supplier any materials already accepted, to recover from Supplier all payments made therefor and for
freight, storage, handling and other expense incurred by Purchaser and to be relieved from liability for any future
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payments to Supplier;
(c) to recover any advance payments to Supplier for undelivered or returned materia ls of work to be performed and;
(d) to purchase elsewhere and charge Supplier with any resultant losses. However, Supplier shall not be liable for
undelivered or returned materials of work to be performed and delays or defaults in delivery due to causes beyond its.
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6. WARRANTY
Guarantee Period: I
Upon the Goods being delivered the Supplier shall give to the Purchaser a guarantee to cover the Goods and their
workmanship for a period of eighteen 12 calendar months after being delivered.
The Supplier will pass to the Purchaser all Goods' manufacturer's guarantees .
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Guarantee for Repairs:
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SOUTHERN PETROLEUM CONSTRUCn ON J.S COMPANY
The guarantee provided under Clause 6 shall cover any necessary repairs performed at the Supplier's workshop. If
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repair of the Goods at the Supplier's workshop is not practicable, the Supplier shall authorize the Purchaser to
undertake the repairs elsewhere and submit to the Supplier invoices for su ch aut horized repairs and then shall be
rei mbu rsed by the Suppl ier at do cument co sts pro vided there of. I
Sho uld the Purc haser requ ire the Supplier to undertake the nec essary repa irs on a location othe r tha n the Supplier's
yard, the Purch aser shall be required to pay for the reas onabl y additiona l costs incurred. For this ci rcum stance, the
Purchaser shall submit the supported documents for evidence o f pa yment cla ims.
7, LATE DELI V ERY A ND LIQUIDATED DA MAGES I
In case the Supplier fails to deliver/release the Goods by the Delivery date required , the Supplier shall pay the Purchaser
a liquida ted damage equal to zero point five percent (0.5%) of the C ontract Price per each cale ndar day commencing fro m
requ ired delivery date up to actua l da y the G oods delivered/ released ; provide d however, tha t the total acc umulated
liqu idated dam age am ount shall not in any w ay exc eed ten percent (10%) of each ov erdue shipme nt of the "Goods". Such I
amount is an app rox imation of loss and damage incu rred by the Purchaser due to the late delivery by the S upplier, and
does not construe as a pena lty under an y ci rcum stances.
In ca se the Supplier fails to de liver /re lease the G oods as set forth herei n or the two pa rties agree to terminate the I
Purch ase Order, the Supplier sha ll refun d the Down pa yment to the Purch ase r plus the interest of that amount calculated
pursu ant to the interest rate of Vietcombank from the date the Suppl ier receives the Down Pa yment to the date agreed
between both Part ies ..
8. INDEMNITY: I
In add ition to and without prejud ice to the generality of these Co ndi tions, the Suppl ier undertakes to keep the
Purchaser indem nified against any damage to or loss of the Supp lier 's property and against an y claims for loss or injury to
any perso n or to the property of an y person by reason of the neg ligence or an y act or omi ssion on the part of the
employees, subcontractors, or agents of the Supplier arising out of the execution of this Purchase Order. I
9, TAXE S :
The Supplie r sha ll be respo nsibl e for any taxes or fees imp osed or levied by any other foreign gove rnm ents relating the
perform ance of the Purchase Order and shall inde mn ify and hold Pu rchaser harmles s from an d against any liab ilities
arising out of due to failu re of Supplier to fulfill this obligatio n. I
10, APPLICA B LE LAW AND ARBITRATION:
The Purchase Order and all questions concerning its formation , vali dity , interpretations an d performance shall be
go verne d under the law s of the Soc ia list Republic of Vi etnam.
Any dispu tes aris ing out of or in connect ion w ith any Purchase O rder w hic h cou ld not set tle d through negotiation between
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the two Parties shall be finally settled by the Vietnam International Arbitration Cente r under Vietnam Law s. The pl ace of
Arb itratio n shall be in Ho Ch i M inh C ity, the la nguage of Arbitratio n sh all be English. The co sts of A rbit ration shall be borne
by the lost party. T he award made in accordance with the pro visions of this Co ndition sh all be fina l and bi ndi ng upon two I
parties.
11, FORC E MA J EUR E:
No fail ure or omis sio n by eithe r the Supplier or the Pu rchaser to carry out or observe any of the stipulations , conditions or
obligations to be perfo rmed hereu nder shall, exc ept as herein expressly ag ree d to the con trary give rise to an y claim
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against the other party or be deemed to be a breach the Purchase Orde r if such fail ure or omission arises from a cause
reasonable beyond the co ntrol of the party claim ing force maje ure.
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