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这是俄罗斯客人发来的，个人感觉比较正式的合同吧。大家帮我看看好吗 ，小女子很感激 。翻译好我得给老板看看 ，客人要求签字盖章 。
他说要和我们公司长期合作，所以要签这份合同 要给银行的 ，不知道真假 。
合同中提到 仲裁 不可抗力 等，这些专业不懂
对于合同 有些对出口方不利的 ，我可以提出要求吗？
4. Terms of payment
All payments are under the present Contract carried out in US dollars by a bank remittance.
Under the given Contract following payment terms of the Goods are possible:
a partial advance payment with definitive payment after Goods reception;
a partial advance payment with definitive payment after pre-shipment inspection of the goods or transfer of goods to the carrier;
100% payment delay.
The partial advance payment is recognized security deposit in accord with Article 115 of Chinese Contract Law.
Terms of payment on each job lot of the Goods will be specified in the Specification in this party.
4.4. Payment of the Goods by the Buyer will be made on the basis of a proforma-invoice, exposed by the Seller.
4.5. In case of payment delay, the Buyer should pay to the Seller of a fine at a rate of 0,1% from the delayed sum per every day of delay.
4.6. At advance payments, in case of goods non-delivery in the terms specified in item 3.4 The Seller returns to the Buyer the sum of advance payment not later than 10 days from the date of reception from the Buyer of the notice on refusal of the ordered Goods.
4.7. All gathering, taxes, the customs duties on the territories of the Seller connected with performance of the present Contract are paid by the Seller, in territory of the Buyer the Buyer pays.
5. Packing and marks
5.1.The Goods should be packed according to requirements to each kind of the Goods.External and internal packing should provide protection against damage, damages and atmospheric influences.Boxes into which the goods are packed, should be marked.
5.2.All accompanying documents the same as marks and the engineering specifications,should be made in English.
6. Acceptance
6.1.The goods are considered the delivered ,Seller and the accepted Buyer:by quantity - according to accompanying documents;
by quality - according to the certificate of quality of the Seller.
6.2.Definitive acceptance is carried out in the country of the Buyer.
Goods are accepted:
by quantity of places - at the moment of reception of the Goods from the Forwarding agent (Carrier);
by quantity contained in packing not later than two weeks after Goods reception;
On quality - not later than a month after packing opening.
6.3.Acceptance is carried out by the authorized representative of the Buyer with the invitation in need of the representative of Commercial and industrial chamber (for choice the Buyer) with registration of the certificate of acceptance.
6.4. The Buyer has the right to conduct pre-shipment inspection of goods within 10 days from the date of readiness for shipment. Pre-shipment inspection can be made representative of the Buyer or attracted of the inspection agency.
6.5. If the pre-shipment inspection will identify defects in the Goods or its discrepancy to Contract conditions, the Seller deprived of the right to ship this part of the Goods and as soon as possible obliged to eliminate defect or replace the defective Goods or defective components at own expense.
7. Quality and guarantees
Quality of the Goods should be in full conformity with the Certificate of quality of the manufacturer.
Warranty period for the Goods established 12 months from the date of delivery.
If during a warranty period the Goods put by the Seller, show defects or discrepancy to Contract conditions, the Seller is obliged to eliminate defect or to replace defective Goods or defective components at own expense. Delivery of the defective goods at return is carried out at the expense of the Seller.
8. Claims
The Buyer can put forward to the Seller of the claim by quantity and quality of the Goods within two weeks from the date of acceptance. For the Goods provided with the guarantee period, claims on quality can be put forward and within a month after the warranty period expiration provided that the Buyer has found out defects during a warranty period.
Claims prove to be true the Certificate of the neutral competent expert organization.
The seller should satisfy the arisen claim within 20 days from the moment of its reception.
9. Arbitration
All disputes and disagreements which can arise from the present Contract or in connection with it, will solve the parties by negotiations. In case of impossibility of the permission of questions at issue by negotiations any dispute, controversy or claim which may arise out of or in connection with the present contract (agreement), or the execution, breach, termination or invalidity thereof, shall be settled by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation in accordance with its Rules.
Judgment's are definitive and obligatory for both parties.
10. Force-majeure
In case of the circumstances doing impossible partial or full performance of Contract
obligations of any of the parties, namely: the fire, acts of nature, war or operations, embargo date of execution of Contract obligations changes according to duration of influence of such circumstances.
If such circumstances proceed more than three months, each of the parties has the right to refuse the further execution of Contract obligations, and in this case any of the parties has no right to demand compensation of the suffered losses.
The party which is under the influence of circumstances, Contract obligations doing to impossible execution, should inform other party on approach or the termination of such circumstances within five days. Documents from Commercial and industrial chamber of the countries of the Seller and the Buyer, accordingly, will be confirmed with evidence of aforementioned circumstances, their presence and duration.
11. Other conditions
11.1 The present Contract can be changed or will terminate only with registration of the written agreement of the parties. Any changes and additions to the present Contract are its integral part and are valid only in case they are in writing issued and assured by signatures and the seals of the authorized representatives of both parties.
11.2. After Contract signing all previous negotiations and correspondence concerning them are cancelled and become void. The present Contract is made in 4 copies (two copies for each Party) in Russian and English languages. Russian and an English variant have identical validity.
11.3. The contract comes into force from the moment of its signing by the parties and operates to 12/31/2014 of year.
In case 30 days prior to the termination of period of validity of the Contract any of the parties will not declare the requirement its cancellation, the Contract is considered prolonged for one year.
11.4. The present contract, changes and-or additions, Specifications to the present Contract, and also any correspondence and notices can be signed and can be carried out on means of a fax communication or e-mail with the subsequent transfer to the addressee of originals of documents.
11.5. In case of changes of bank details of any of the' parties other party should be advised of it in written form, and within 10 days it is necessary; to make the Addition signed by both parties to the present Contract with again established bank details.
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发表于 2013-5-18 10:19:00
楼主
