Professional Documents
Culture Documents
印尼硅砂买卖合同 Indonesia Silica Sand Contract
印尼硅砂买卖合同 Indonesia Silica Sand Contract
AS SELLER 卖方
Company Information:
Company Name:
Address:
Tel/ Fax:
Represented By:
Mobil Phone:
Email:
Bank Details:
Bank Name:
Bank Address:
Account Name:
Bank Officer:
Tel/Fax:
SWIFT:
AS BUYER 买方
Company Information:
Company Name: MAOMING HUAXIANG MINING CO., LTD.
茂名市华祥矿业有限公司
SWIFT: BKCHCNBJ21A
This contract is made on the 28th day of August 2021 between the Seller and the Buyer; which
expressions mean and include all of their successors and assigns.
此合同由卖方与买方与于 2021 年 8 月 28 日签订。
Whereas the Seller is in position to sell and the Buyer is in position to buy the Silica Sand of
Indonesia origin under the following terms and conditions:
由卖方与买方按以下条款出售及收购印尼硅砂:
DEFINITION 简化名词定义解释
The terms below, when used in this Contract, shall have the following meanings and
definitions:
AAAA Always Afloat, Always Accessible
1 总是漂浮,总是可进入
AR As Received
2 如接收
B/L Bill(s) of Lading
3 提单
CCPIT China Council for Promotion of International Trade
4 中国贸易促进委员会
HKIAC Hong Kong International Arbitration Center
5 香港国际仲裁中心
CIQ China Inspection and Quarantine
6 中国检验检疫
SGS Societious Generallie De Survilliance
7 SGS 检验机构
Whereas: (导言)
1. The Seller and the Buyer have agreed to enter into this Sale and Purchase Contract (as
hereinafter defined) and the Seller will supply Silica Sand of Indonesia origin to Buyer
subject to the terms and conditions herein contained.
卖方和买方同意签订本合同, 据此, 卖方将根据买方按本文所载条款及条件供应印尼硅砂(定义见
下文)。
2. Terms of Contract(合同条款)
The Parties hereby agree that this contract shall become effective on the date of this
Contract is signed and execution of the contract until ended. If cooperation of both
parties goes smoothly, Buyer and Seller may sign a supplementary contract based on this
contract’s framework, continuality prevails.
双方在此同意,本合同应在签订之日起生效,至合同执行结束止。若双方合作顺利,并可以此合
同为蓝本,签署补充合约,延续合同执行期。
3. This contract should be made and confirmed upon the signature of the authorized
representatives of both parties. Now it is agreed by both parties as follows:
买卖双方在各自授权情况下确认, 并签订本合同。现在双方自愿达成协议如下:
CLAUSE 1 COMMODITY 商品
1.1 Commodity: Silica Sand.
商品名称: 硅砂。
1.2 Origin: Indonesia.
原产地: 印尼。
1.3 Packing: In Bulk.
包装: 散装。
1.4 Loading port Port, Indonesia.
装货港口 印尼 港口。
1.5 Discharge Any Port in China at Buyer’s option.
port:
CLAUSE 3 QUALITY/SPECIFICATION 质量 / 规格
Throughout the period of the contract, the seller will guarantee the quality of the products
conform to the following specifications according to ISO standard test.
在这项合同的整个期间,卖方保证产品的质量将符合以下规格按 ISO 标准检验。
9.4 Upon receipt of full cargo payment for each delivery, Seller shall immediately pay for
the consultant fee to the consultants involved in the transaction as per the Irrevocable
Master Fee Protection Agreement (IMFPA).
在收到每次交付的全额货款后,卖方应立即按照不可撤销的佣金协议(IMFPA)向参与交易的
顾问们支付咨询费。
CLAUSE 10 DELIVERY 交货
10.1 The Seller shall provide the Buyer with a vessel nomination notice which specify the
vessel’s particulars, the demurrage/dispatch rate, ETA at discharge port, the
vessel’s estimated arrival draft, the estimated discharging quantity, and other
CLAUSE 12 CLAIMS 索赔
12.1 Any claims that either party may have, due to an occurrence, have to be submitted to
the other party within a period of 15 working days from the date of that occurrence
任何一方向另一方提出的索赔,必须自导致索赔的事件发生之日起 15 个工作日之内提出.
12.2 All claims shall be executed in writing and both parties agree to acknowledge such
claims by written acceptance thereof.
双方认同所有索赔的要求必须以书面形式提出。
12.3 Either party shall be responsible for all Cost of Damages and Legal Cost in the event
that either the Seller or the Buyer cannot perform contract or consistently perform
after official legal contract is signed.
15.1 Should Buyer fail to perform as required by this Agreement after it is signed, Seller is
entitled to withdraw from Buyer’s DLC for its lost, then Seller shall indemnify 30%
of the total compensation amount it retrieve from Buyer to the consultants involved
in this transaction.
如果买方在签订协议后未能按照本协议的要求履行义务,卖方有权从买方的 DLC 中索赔,卖
方应从取得的赔偿款中取 30%补偿给参与此交易的顾问们。
15.2 And in case Seller fail to perform as required by this Agreement after it is signed,
Buyer is entitled to withdraw from Buyer’s Performance Bond for its lost, then Buyer
shall indemnify 30% of the total compensation amount it retrieve from Seller to the
consultants involved in this transaction.
如果卖方在签署后未能按照本协议的要求履行,买方有权从卖方的履约保证金中索赔,然后买
方应从取得的赔偿款中取 30%补偿给参与此交易的顾问们。
16.1 All disputes in connection with this contract or the execution thereof shall be settled
amicably by friendly negotiation between two contractual parties. If no consent can
be reached, the case in dispute shall then be settled under the rules of conciliation
and arbitration of Hong Kong International Arbitration Center in accordance with The
CLAUSE 17 GENERAL 总则
17.1 English and Chinese are the lawful language in the contract. This contract contains
the entire understanding between the parties with respect to the transactions
contemplated hereby and can only be amended by a written contract. Any prior
contract, written or verbal is deemed merged herein and shall be superseded by this
agreement.
本合同中、英文具有同等法律效应。双方对达成的本合同内容完全理解,凡合同修改必须以书
面形式,合同签订前所有的书面及口头往来的信函等均被本合同取代.
17.2 All signed appendices, annexes and supplements are integral parts of the contract.
所有签署的附件,补充等均作为本合同不可分割的一部分。
17.3 Conditions that have not been specified in the present contract shall be governed by
general rule of international trade related to CIF basis.
本合同未涉及的条款/条件应按照国际贸易通则相应的 CIF 之规定执行。
17.4 EDT (Electronic document transmission) shall be deemed to be valid and enforceable
in respect of the provisions of this contract. Either party has right to request an
original copy of any electronic transmitted document.
电子版文件应视为有效和有约束力,任何一方有权向对方索取任何电子版文件的正本。
17.5 The information contained herein shall be kept confidential, and shall not be
disclosed to third
parties or reproduced in any way, unless third party shall implement contract.
本合同中的任何信息均为保密的,双方不得向任何第三方透露,复制,除非第三方是本合同的执
行的必要的一方。
CLAUSE 18 CONCLUSIONS
The contract is compiled in 2 (two) originals, with each party retaining 1 (one) originals. The
contract shall be duly signed and sealed by their authorized representatives of the Buyer and
the Seller. On the date first above mentioned. Parties hereby shall accept the Contract sent
by facsimile or by scanned e-mail as an original legal contract.
SELLER : 卖方 BUYER: 买方
PT.TIARA MAHARANI JAYA GRUP MAOMING HUAXIANG MINING CO., LTD.
Whereas the SELLER PT.TIARA MAHARANI JAYA GRUP and the BUYER MAOMING
HUAXIANG MINING CO., LTD. had Signed the SALE AND PURCHASE AGREEMENT, contract
No. IND-CN/2021-08/CIF, hereinafter called the “Agreement”, for total of 2.45 Million MT
of Silica sand on 28th August 2021.
鉴于卖方PT.TIARA MAHARANI JAYA GRUP与买方茂名市华祥矿业有限公司于 2021 年8 月 28
日已签署购销合同,合同编号为IND-CN/2021-08/CIF, 以下简称“合同”,共计245万吨硅砂。
Now both parties agree to enter this Addendum, which is an integral part of the agreement,
and have the same legal effect.
现双方同意签订本附录,作为协议的组成部分,具有同等法律效力。
Seller shall deliver sand sample of 3KG by Fedex to Buyer for confirmation of quality. Now
both parties agree that Buyer’s test report of the sand samples showing conformity
with the below specification is the prerequisites and foundation for the execution of
the SPA.
卖方必须将 3 公斤的沙样由 Fedex 联邦快递寄给买方以便买方确认产品质量。双方同意,买方对产
品样本的测试报告,说明产品符合以下规格参数,是本购销合同成立和执行的先决条件。
SELLER : 卖方 BUYER: 买方
PT.TIARA MAHARANI JAYA GRUP MAOMING HUAXIANG MINING CO., LTD.