Professional Documents
Culture Documents
No: VNS-MC/2013/01
This contract has been made on 1st April 2013, by and between:
It has been mutually agreed by both parties that the Seller agrees to sell and the Buyer agrees to buy the
following Stone products according to the terms and conditions hereunder stipulated:
UNIT
Q'TY AMOUNT
Name of materials DESCRIPTIONS PRICE
(m2) (EUR)
(EUR/m2)
Moca Cream (for National Honed Slabs, 40 mm
2,500 36.52 91,300.00
Assembly House Project) thickness
TOTAL CIF Hai Phong port, Incoterms 2010 2,500 91,300.00
The full payment shall be made by irrevocable L/C at 60 days from L/C date for 100% of invoice
value. L/C must open before 1/5/2013
Beneficiary’s banking information as follows:
BANK : BIANCO ESPIRITO SANTO, SA
Av. Liberdade, 195
1250-142 Lisboa
Swift code : BESCPTPL
IBAN: PT 50 0007 0204 0019 9440 0051 4
ARTICLE 6: CLAIM
1. Any claim by the Buyer must be notified to the Seller in writing within 30 days (regarding the goods
quantity, dimension, insufficient measurements, packing situation) and reserved until the end of the project
(regarding the goods quality) of the arrival of the Goods at the destination, and if needed must be supported
by a Surveyor’s report and physical evidence.
2. Any claim will be investigated by the Seller, and in any event by mutual agreement with the Buyer, will
the claim be refunded up to the maximum claim amount not exceeding the original invoice amount for the
Seller company.
All occurrences and circumstances which happened after the contract has come into force due to the facts
beyond reasonable will and control of the parties hereafter and which directly after the execution of the
whole or part of the obligations under the present contracts are to be considered cases of force majeure that
will include but not limited to the following events:
- Acts of God
- Labour conflicts/ Industrial disputes
- Fire and explosion
- Action and failures to act of public services of Government Authority
- Act of wars
- Insurrection, riots, breach of peace
Under unavoidable circumstance preventing the Buyer and/or the Seller from fulfilling their commitment
to this contract, one party facing force majeure case should inform the other by fax within two (02) days at
the latest and support with the time of non performance last for more than fourteen (14) days, the parties
will immediately consult together in an effort to agree upon to revised contract basis. If the partis are
unable to arrive at mutually satisfactory solution within thirty (30) days from the beginning of such Force
majeure, then either of the parties may terminate the contract in respect of the non-executed portion of the
contract.
ARTICLE 9: ARBITRATION
Any claim and/or disputes, controversies, or differences which may arise between the two parties out of or
in relation to or in connection with the contract or of breach thereof, shall be settled on the spirit of
friendship and mutual benefit. However, in case such a settlement could not be achieved, it shall be finally
settled by the Vietnam International Arbitration Center (VIAC) next to Vietnam Chamber of Commerce
and Industy (VCCI) in Hanoi in accordance with rules of VIAC whose awards will be final and binding
upon both parties. The fees and expenses for Arbitration shall be born by losing party.
All amendments to the Contract and the supplementary agreements between both parties are valid only
after written confirmation by both parties.
All charges, expenses and taxes occurred outside Vietnam relating to the implementation of this Contract
will be born by the Seller and those occurred in the Buyer’s country will be at the Buyer’s account.
This contract is made in English in 04 original sets of which each party keeps two sets of the same value.
This contract comes into effect from the signing date and expires when each party has fulfilled his tasks
and duty to the other one as stipulated in this contract accordingly.