THIS AGREEMENT Is Made on 20XX-XX-XX Between the Following Two Parties

Total Page:16

File Type:pdf, Size:1020Kb

THIS AGREEMENT Is Made on 20XX-XX-XX Between the Following Two Parties

Sales Agreement THIS AGREEMENT is made on 20XX-XX-XX between the following two parties:

Contracting Parties ‘BUYER’ ‘SELLER / SUPPLIER’ License Number: XXXXXXXXXXXXX License Number: XXXXXXXXXXXXX Company Name Company Name Address Address Zip Code Zip Code City, Country City, Country

WHEREAS, Seller / supplier will manufacture and ship items, as ordered by the buyer. NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

Contract Details Territory People's republic of China (中华人民共和国) and [Write here] Choice of Law People's Republic of China (中华人民共和国) Arbitration court China International Economic and Trade Arbitration Commission (CIETAC) Language of this Contract English (英语)

1/7

This document is of purely informative nature. By downloading it you agree to our Terms & Conditions Product Specifications Product Name Technical Specifications Packaging Mandatory regulations & Standards Labelling Requirements Tolerances Product File Attachments  File A  File B  File C Other File Attachments  Proforma Invoice  Seller Business License  Manufacturer Business License Other Product Details

2/7

This document is of purely informative nature. By downloading it you agree to our Terms & Conditions Defective Products and Compensation a. Accepted Defect Rate Class Accepted Defect Rate Classification [Minor issues that can be corrected by the buyer. This includes minor Minor Defect 1.5% marks and dirt] [Serious quality issues that force the buyer to discard the product. This Major Defect 0.5% includes visible damages and general non-compliance with the design and technical requirements.] [Severe quality issues that renders the product hazardous and/or illegal in Critical Defect 0% the target market. This includes non-compliance with all specified regulations and labeling requirements]

Note: Any quantity above stated accepted defect rate shall be compensated according to compensation terms b. Subcontracting

Products that are manufactured and/or assembled by a any other company than the manufacturer (specified as the seller or supplier in this contract) shall be classified as defective. c. Compensation Terms

If the number of defect units exceeds the amount specified in this document, the seller must remake the products within 30 days, or issue a full refund to the buyer's bank account within 7 days.

Quality Inspections

 The buyer is allowed to carry out (using its own personnel or a third party) unannounced quality inspections in the seller's production facility.

 The buyer may also collect product samples and execute any test necessary to verify compliance with the relevant product specifications and quality requirements.

Laboratory Testing

 The buyer is allowed to collect samples in the production facility and submit them to a third party testing company, to ensure that the products are manufactured in compliance with all relevant product standards, substance restrictions and other regulations specified in this agreement.

 A failed test result classifies all products (100%) as critical defective, in which case the supplier must either remake the products or refund the deposit payment.

3/7

This document is of purely informative nature. By downloading it you agree to our Terms & Conditions Order Terms a. Freight Terms

DELIVERY TERMS

 FOB (Free on Board) [City]  Mode of transportation: [Sea Freight / Air Freight]  The seller is responsible to ensure that the cargo can pass through the Chinese customs checks.  Any costs that arise due to non-compliance with the delivery terms shall be paid by the seller

EXPORT PACKING Carton Layers: X Dimensions: XX x XX x XX mm Outer Cartons # Inner Cartons per Outer Carton Plastic Wrapping: Yes / No BUYER NAME PRODUCT NAME Freight Remark XXX PCS, N.W: XX kgs / G.W: XX kgs (Outer Cartons / 2 Sides) SUPPLIER NAME MADE IN CHINA Carton Layers: X Inner Cartons Dimensions: XX x XX x XX mm # Product Units per Inner Carton Type: EU ISPM 15 Pallet Dimensions: XX x XX x XX mm Material: Specify here

REQUIRED FREIGHT DOCUMENTS

The following documents must be issued by the seller, prior to the shipment:

 Bill of Lading  Commercial Invoice  Packing List  Country of Origin Certificate b. Payment Terms

GENERAL

 T/T 30% deposit before production  T/T 70% balance [Add terms]  Seller shall only request payment to bank account registered in the same name as the seller on this agreement  Prices shall be according to PI (for each order) Seller cannot raise the (product / freight / service / other) prices after issuing PI 4/7

This document is of purely informative nature. By downloading it you agree to our Terms & Conditions BANK ACCOUNT DETAILS

 BENEFICIARY: [Add]  BENEFICIARY ADDRESS: [Add]  BANK ACCOUNT NUMBER: [Add]  SWIFT CODE: [Add]  BANK: [Add]  BANK ACCOUNT ADDRESS: [Add]  CURRENCY: [Add]

PAYMENT NOTICE: The seller cannot shift the responsibility for compensation (due to delays, loss or defects) to any subcontractor and/or manufacturer (regardless of payment beneficiary). c. Production Time and Late Delivery Clause

 Maximum Production time: [XX Days] (counting from date of deposit payment).

 Late Delivery Clause: Counting [XX Days] date of deposit payment: USD 90 per day shall be deducted from balance payment until day the products are 100% completed and ready for inspection in the supplier's warehouse.

Step-by-Step Order Process

1. BUYER: Deposit payment 2. SELLER: [ADD CHECKPOINTS HERE] 3. SELLER: Mass production completed / Notify the buyer that the products are ready for inspection 4. BUYER: Execute quality Inspection in production facility (Approve / Reject) 5. BUYER: Submit samples for compliance testing (Approve / Reject) 6. BUYER: If both are approved: Issue Balance payment 7. SELLER: Deliver the cargo to the port of loading 8. SELLER: Provide all requested shipping documents

Intellectual Property (IP)

 All designs, graphical files, brand names and logos are the Intellectual property (IP) of the buyer.

5/7

This document is of purely informative nature. By downloading it you agree to our Terms & Conditions  The seller or manufacturer may not manufacture, or subcontract production of, replicas, based on the buyer’s IP, for neither domestic sales in China, nor export to other overseas customers.

 The seller may not share or publish IP related files (i.e., design files, logo files) or photos (product photos) of the product online (i.e., Alibaba.com website) or to other company entities, including customers.

 Penalty: [US$X,XXX,XXX]

LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with law of People’s Republic of China. Any dispute arising from or in connection with this Agreement shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the language of arbitration shall be English.

6/7

This document is of purely informative nature. By downloading it you agree to our Terms & Conditions VALIDITY OF AGREEMENT

This Agreement, after its being signed by the parties concerned, shall remain in force for X years from 201X-XX-XX to 201X- XX-XX.

Buyer Seller Signature: Legal Representative (中文名): Date: Date:

Stamp here (公司盖章)

7/7

This document is of purely informative nature. By downloading it you agree to our Terms & Conditions

Recommended publications