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2018年5月23日  广东深圳知名律师   http://www.cxhbjzmls.cn/
cotton purchase contract
applicable to non- chinese cotton trade

instituted by china cotton association
cotton purchase contract
合同编号:?????????????????? 日期:
contract no.:???????? date:
买方:???????????????????? 卖方:
buyer:?????? seller:
地址:???????????????????? 地址:
address:???? address:
电话:???????????????????? 电话:
tel:?????? tel:
传真:???????????????????? 传真:

this contract is made and entered into by and between the buyer and the seller; and in accordance with the terms and conditions of the contract, the buyer agrees to buy and the seller agrees to sell the following commodity:
1 商品名称
crop year:
类别:???? (细绒棉 ,长绒棉)
category: _________ (upland cotton, long-staple cotton)
加工方式: ?锯齿棉? ?皮辊棉
ginning:??? saw ginned?? roller ginned

2 规格/质量
级别:? ??usda通用棉花标准????
grade:???usda universal cotton standards?????
?? by type:??
staple length:????(inch/mm)
断裂比强度值: 最小值?????克/特克斯,平均值?? 克/特克斯以上
strength: minimum???? grams/tex,
average above?? grams/tex

3 数量
net weight:??????? (ton/pound/bale)
溢短装率: ???%(默认值为1.5%)???? 不允许多装
weight tolerance ratio ???%( if not specified here, 1.5% will be applied)??
? excess not allowed
吨与磅的换算公式: 1吨=2204.62磅
conversion between ton and pound: 1 ton=2204.62 pounds

unit price:??? (usc(cent)/pound or rmb(yuan)/ton)
价格条件:??? (cif,cfr, fob,其它)
terms:??? (cif, cfr, fob or others)
总价:??????????? (美元,人民币元)
total value:????????????(usd/rmb)

5付款方式 ? 信用证?? 凭单托收?? 其它
5payment terms ? letter of credit???d/p?? others

6weight and quality inspection: ciq inspection certificate shall be the basis for settlement and compensation

7装运/交货日期:从——(年月日)到——(年月日),或按月等量装运/交货(每月数量)???? (吨,磅,包)
7shipment / delivery: shipment /delivery from_________(mm/dd/yy) to_______(mm/dd/yy)
or equal monthly shipment/delivery as follows: ___________( ton, pound, bale)


9general terms
the general terms shall constitute an integral part of the contract. amendment to or deletion of any general terms shall be specified in the remarks.

10 仲裁:凡因本合同引起的或与本合同有关的任何争议,双方同意提交:???? (?中国国际经济贸易仲裁委员会[cietac];? 国际棉花协会[ica]; ? 其它仲裁机构),按照申请仲裁时该仲裁机构现行有效的仲裁规则进行仲裁。
10 arbitration: any dispute arising from or in connection with the contract shall be referred to??? ( ? cietac ,?ica ,? others )for arbitration in accordance with its arbitration rules effective at the time of application.

11 本合同采用书面形式,由买卖双方授权代表签字。双方在合同签订日之前以其它书面通讯方式,如信函、电报、传真或电子邮件形式达成的成交内容,须由本合同确认。
11 this contract shall be made in written form and signed by the authorized representatives of the parties. the signed or stamped contract shall verify the terms and conditions of the contract previously agreed to at an earlier date in other written communications including mail, telegraph, fax, or e-mail.

12 备注
买方签字:??????????? 卖方签字:????
signature of the buyer:??????signature of the seller:?????????
date:???????????? date:????????

general terms

these general terms shall be an integral part of the cotton purchase contract.
1 定义
1 definitions
the following terms shall have the following meanings in the contract:
ciq:china entry-exit inspection and quarantine
ncl:no control limit is allowed.
usda: united states department of agriculture
notification: to notify the other party by telegraph, mail, fax, e-mail, or other methods.
tare: the weight of cotton’s packaging materials.
net weight: the gross weight less tare.
non-cotton substance: soft or hard sundries mixed in the cotton that have serious impact on the use of the same, including chemical fiber, flax, cloth, wooden chips metal articles, etc.
no spinning value cotton: mouldy cotton, water damaged cotton, oil stained cotton, burned cotton, cotton waste and linters, etc.
cotton waste: leftover and/or recycling waste left during the processing or use of the cotton.
false packed bale: cotton in a single bale: containing substances entirely foreign to cotton; containing damaged cotton in the interior with or without any indication of such damage upon the exterior; composed of good cotton upon the exterior and decidedly inferior cotton in the interior, in such a manner as not to be detected by customary examination; or containing a certain amount of no spinning value cotton.
mixed packed bale: a bale containing a certain amount of different grades, staples or colors of cotton.
weight tolerance ratio: the percentage of the part of the ciq landed weight exceeding or shorter than the weight provided by the contract against the total contract weight.
bale density: universal bale density as determined by the international standards organization ╟ iso reference no. 8115-1986 (e) is a bale with the nominal dimensions of 1060 to 1400 mm in length by 540 mm in width and 700-950 mm in height.
compressed export packing suitable for voyage, outside wrapped by cotton cloth or other packing materials that do not contain foreign matters, tightly and completely packed. if any packing materials that may easily produce foreign matters are used to pack the cotton, the seller shall bear all the expenses for the cleaning of foreign matters. the cotton shall be supplied in forms of universal density compressed package.
3 marks
unless otherwise agreed, hang permanent cotton identification card onto the cotton bale or mark on both sides of each cotton bale with unfading paint the following items:
a 批号/包号?? b毛重??c合同号
a.?lot number/bale number? b. gross weight? c. contract number
if the marks are not clear, all the expenses arising from sorting the mixed mark bales shall be borne by the seller.
4 shipment notice
4.1?under fob terms: the seller shall notify the buyer by telegraph, fax or e-mail of the contract number, grade, staple or type, packing, net weight, and price; as well as shipment date, shipment port, destination port and estimated arrival date within 48 hours after notification from the shipping line and mail, fax or e-mail three copies of the duplications of the loading documents to the buyer.
4.2?under cfr/cif terms: the seller shall notify the buyer of the ship name, ship age (for aged ship the seller shall pay the over-age extra premium),?ship flag, shipment date, shipment port, destination port, contract number, number of the bill of lading, total price, gross weight and net weight within 48 hours after the shipment notification from the shipping line.
4.3?if the seller fails to notify the buyer by telegraph, fax or e-mail as provided in above article 4.1 and article 4.2 and thus the buyer is unable to purchase the insurance in time, all the losses arising therefrom shall be borne by the seller.
the seller shall provide the following documents for the negotiating bank in the event of issuing a letter of credit or the bank designated by the buyer when not issuing a letter of credit:
5.1?three originals and three copies of the original commercial invoice and packing list, specifying the letter of credit number and contract number in details;
5.2?two copies of weight memo by weighing the bales or containers one by one;
5.3?three originals and three copies of the full set of the clean bill of lading;
5.4?one copy of the shipment notification from the seller to the buyer;
5.5?one original and one copy of the certificate of insurance under cif terms;
5.6?one original and one copy of the certificate of origin, phytosanitary certificate, and non-wooden packing certificate.
6? payment method
6.1?in the event that the parties hereto agree to make payment by letter of credit, the buyer shall cause the opening bank to issue an irrevocable letter of credit in favor of the seller within 30 days prior to the latest shipment date provided by the contract, and the payment shall be made by wire on the basis of the documents provided in article 5-documents. the content of the letter of credit shall be consistent with the terms and conditions of the contract. and the expiry date of the letter of credit shall be the 21st day after the latest shipment date.
6.2?in the event that the parties hereto agree on documents against payment, the bank designated by the buyer shall make the payment at the invoice amount on the basis of whole set of documents that are provided in article 5-documents.
7?inspection upon delivery
7.1 检验机构
7.1 inspection institution
ciq will conduct inspections after the goods arrive at the destination and issue the weight inspection certificate (including the confirmation of false packed bale and mixed packed bale) and the quality inspection certificate (such as the damage certificate if the cotton is damaged), which shall be the basis for the settlement and claims between the seller and the buyer.

文章来源: 广东深圳知名律师
律师: 段俊锋 [深圳]
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