SALES CONTRACT
Date: March 20, 2021
Party A: ABC Trading Co, Ltd. (Vietnam)
Address:
Fax:
Represented by:
Hereinafter referred to the Seller
Party B: NZ Co, Ltd. (Japan).
Address:
Fax:
Represented by:
Hereinafter referred to the Buyer
Both parties have agreed to sign the contract with the following terms and conditions:
1. COMMODITY: Vietnam Robusta Coffee
2. QUALITY: According to the sample agreed by both parties (Sample No 2345)
3. QUANTITY:1,000 MT more or less 5% at the Seller’s option.
4. PACKAGING: The goods to be packed in the Manufacturer's Standard Export Packing
5. PRICE:
Unit price: USD 1,800/MT FOB Saigon port, Incoterms 2010
Total amount: USD 1,800,000 +/-5%
6. DELIVERY:
Time of delivery: not later than April 26, 2021.
Delivery of goods will be made FOB.
Port of Loading: Saigon. Port of discharge: Osaka.
Partial shipment: not allowed
The Buyer will advise the seller the name of vessel not later than three (03) days
before shipping date by fax.
7. PAYMENT:
Payment by irrevocable L/C at sight for 100% of invoice value, in favor of the Seller.
Issuing bank: Tokyo Commercial Bank
Notifying bank: Vietcombank, HCM city
The following documents must be presented within 15 days after the date of shipment:
ü Commercial Invoice in three originals.
ü Full set Bill of Lading marked Freight to pay at destination made out to order of
Tokyo Commercial Bank.
ü Certificate of Quality and Quantity in two copies
ü Packing List in two copies
ü Certificate of Origin in two copies
8. INSPECTION:
The Buyer will inspect the goods before shipment. In the event of any physical
damages to the packing or shortage of goods in comparison with Certificate of
quantity and quality, B/L. The Buyer shall appoint an Independent International
Survey Company to make the survey report on the field. The survey report shall be
an evidence for making claims.
The Seller must be responsible for the replacement of shortage and damaged goods
correctly. Survey charges are covered by the Buyer
If the goods conform with the shipping documents, and are in good condition, the
Buyer shall inform the Seller by facsimile within seven (07) working days after the
receipt of goods.
9. FORCE MAJEURE:
Flood, fire, strike or other labor disturbances, acts or omissions of government or
other competent authorities, war declared or not, riot, civil commotion, sabotage, acts
of god which may be occurred shall be considered as force majeure.
The party that bears force majeure has to notify the other party of the force majeure
cases by fax/telex within five (05) days upon the force majeure taken place. Such
force majeure cases, if any, must be certified by the Chamber of Commerce of the
country concerned.
10. ARBITRATION:
All disputes arising out of this contract or breach thereof which cannot
be settled amicably by the parties concerned shall be settled by the
International Arbitration Center in Vietnam. The award of this
organization shall be final and binding upon both parties.
In the event of arbitration, the party against whom the award is made
shall bear the entire costs of both parties to the action.
11. GENERAL TERMS:
If any of the provisions in this contract is violated in part or whole, the
aggrieved party shall formally inform the other party in writing to seek
resolution
This contract will come into force from the signing date
This contract is made in four (04) copies in English. Each party keeps
two (02) copies of contract having equal value.
FOR THE SELLER FOR THE BUYER
