补偿贸易合同
Compensation Trade Contract
This Contract made on…,20,at_____,China,between ABC Co.(hereinafter called Party A)with its principal office at__________,China,and XYZ Co.(hereinafter called Party B)with its principal office at_____,USA
WITNESSES
Whereas Party B has machines and equipment,which are now used in Party B’s manufacturing of steel wire rope,and is willing to sell to Party A the ?machines? and equipment;and
Whereas Party B agrees to buy the products,steel wire rope,made by Party A using the machines and equipment Party B supplies,in compensation of the price of the machines and equipment;and
Whereas Party A agrees to purchase from Party B the machines and equipment;and
Whereas Party A agrees to sell to Party B the products,the steel wire rope,in compensation of the price of Party B’s machines and equipment;
NOW THEREFORE,in consideration of the premises and convenance ?described? hereinafter,Party A and Party B agree as follows:
1. Purchase Arrangement
Party A agrees to purchase from Party B the following commodity under the terms and conditions set out below:
1.1?Commodity,Specifications and Its Capability
Commodity:
Specifications:
Capability:
1.2?Quantity
1.3?Price:On FOB_____basis.
Unit Price:US $_____;Total Price:US $_____
1.4?Payment
The price of the machines and equipment shall be compensated with the products,the steel wire rope,manufactured by Party A using the machines and equipment.The payment of the total price shall be effected three times equally in three successive years,beginning in 1.5?Shipment
Time of shipment:
Port of loading:
Port of destination:
Shipping marks:
1.6?Insurance
To be effected by Party A.
1.7?Inspection
1.8?Guarantee
Party B guarantees that the machines and equipment are unused,sophisticated and of best quality,and that the machines and equipment are capable of manufacturing the steel wire rope of____specifications with a production of____meters per hour.
2. Sales Arrangement
Party A sells to Party B the steel wire rope in compensation of the price of the machines and equipment Party B sells to Party A.
2.1?Commodity and Specifications
Commodity:steel wire rope.
Specifications:
2.2?Quantity
_______meters of steel wire rope per year,of which the price shall be US $_____ per annum.
2.3?Price
The price of the steel wire rope shall be set on the basis of the prevailing price in the world market at the time when shipment is made.The price shall be based on CIF basis.
2.4?Shipment
Shipment shall be made twice a year,in June and in December,each for the value of_____.
Port of loading:
Port of destination:
Shipping marks:
2.5?Packing
To be packed in wooden reels.
2.6?Payment
Payment shall be effected by confirmed and irrevocable letter of credit in favour of Party A,payable at sight,allowing transshipment.The letter of credit shall reach Party A 15 days before the month of shipment and shall be valid for not less than 90 days.
The letter of credit shall be in strict accordance with the terms and conditions of the contract.Otherwise,Party B shall be held responsible for the delay in shipment and Party A may lodge claims against Party B for the losses arising therefrom.All the expenses arising from the ?amendments? shall be for Party B’s account.
2.7?Insurance
To be covered by Party A for 10% of the invoice value,covering WPA and War Risk.? 2.8?Inspection
The quality certificate issued by Party A shall be regarded as ?final.If,on arrival of the goods at the port of destination,Party B finds the quality not up to the specifications mentioned above,Party B shall notify Party A within 45 days after arrival of the goods at the port of destination.Both Parties shall have consultations for a settlement of the matter in dispute.
3. Force Majeure
Party A or Party B shall not be held responsible for any failure or delay in delivery of the entire lot or a portion of the goods under the contract as a result of any force majeure accident(s).
4. Arbitration
All disputes arising in connection with this contract or in the execution thereof,should be settled amicably through negotiations.In case no settlement can be reached,the case in dispute shall then be submitted for arbitration in____.The decision of the arbitration shall be accepted as final and binding upon both parties.
5. Governing Law
The formation,interpretation and performance of the contract shall be governed by the laws of the People’s Republic of China.
6. Original Text
The contract is made,in English,in two originals,one for each party.
7. Duration?
Party A: Party B:
(Signature) (Signature)
