最近乌兹别克斯坦的客户需要采购10个方的货物。
快要打钱的时候，告诉我要签订他们国家规定的合同。
详细一堆连七八糟的东西：
2. PRICE AND THE TOTAL COST OF THE
GOODS UNDER THE CONTRACT
2.1. The prices for GOODS under the present
contract are determined on the terms of delivery
CIP – Tashkent (INCOTERMS 2010) and
established in US dollars are fixed, no recurrent and
aren't a subject to change till the full execution of
the present Contract.
2.2. The total cost of GOODS under the Contract is
6 175 (six thousand one hundred seventy five)
US dollars includes: the cost of delivered GOODS
(Attachment № 1), the cost of transfer, packing,
marking, insurance, customs clearance out of the
Republic of Uzbekistan and transportation in the
destination – Tashkent.
2.3. SELLER pays all taxes, bank commissions,
customs duties raised in territory of the country of
the SELLER. BUYER pays all taxes, bank
commissions customs duties raised in territory of
the Republic of Uzbekistan.
3. TERMS OF DELIVERY OF GOODS
3.1. GOODS should be supply in the quantity,
quality and prices according to the Attachment №1
of the present Contract in time no more than 90
calendar days from the date of receiving the
prepayment according to the art.8.1. of this
Contract.
3.2. Delivery by various types of transport and
prescheduled delivery of GOODS is supposed.
3.3. Together with GOODS SELLER will give
goods accompanying documents:
- Invoice: 1 original and 2 copies;
- Way bill of lading: 1 original;
- packing list: 3 originals;
- Certificate of origin issued by the competent
authority in accordance with the manner and form
set out in the country of export / re-export: 1
original and 3 copies;
- Technical and operational documentation: 1
complete set on each product;
- Quality Certificate: 1 copy;
- insurance policy — 1 original and 2 copies
- the copy of the export customs declaration,
affixed with the seal of customs bodies of
exporter’s country or by exporter’s seal.
3.4. As necessary, as agreed, the SELLER has the
right to supply the equipment of an advanced
configuration, for all that the price remains
invariable.
4. ORDER OF DELIVERY AND SHIPMENT
OF GOODS
4.1. Delivery of GOODS according to Attachment
№1 of the present contract is realized on the terms
of CIP - Tashkent (INCOTERMS 2010):
- by railway transport, destination: “Toshkent-
Tovar” railway station, code 722400, code of the
post 26002,
4.2. The date of delivery is considered the date of a
mark of arrival of GOODS in the point of
destination / of crossing the border of the Republic
of Uzbekistan of customs of the Republic of
Uzbekistan in a transport waybill.
4.3. After the shipment of GOODS SELLER will
inform BUYER about shipment of GOODS in
written form (by fax) with indication of number of
the Contract, number of the transport waybill, the
total amount of places and weight of the shipped
Goods within 48 hours.
4.4. Transfer of GOODS to the BUYER is carried
out according to the specification indicated in the
invoice, packing list and/or shipment specification:
- The certificate of delivery-acceptance of GOODS
by the quantity and completeness is signed in the
presence of the representative of SELLER and
BUYER within 5 (five) working days from the date
of the arrival of the GOODS in the Republic of
Uzbekistan.
4.5. Loading of GOODS at storehouse of SELLER
is made by the SELLER. Discharge of GOODS at
the destination is made at the expense of the
BUYER.
4.6. The risk of accidental loss and title to the
GOODS passes from the SELLER to the BUYER
from the date of customs clearance of the GOODS
in the BUYER'S country (Date of Customs
clearance declaration "IM-40").
5. QUALITY OF GOODS
5.1. Under the present contract delivered GOODS
should completely satisfy the State Standard
(ГОСТ, ТУ, ОСТ, OzDSt, Ts, ISO) requirements
and the technical parameters indicated in forms and
passports (specification of delivering GOODS) are
specified in the Attachment №1).
5.2. The delivered GOODS should be new, 2017 of
output, not were earlier in the operation, with the
storage life corresponding to the passports. The
quality of GOODS is confirmed by the quality
certificate given out by the MANUFACTURER.
6. GUARANTEE OBLIGATIONS
6.1. The Seller guarantees:
a) the delivered GOODS and its spare parts
correspond to highest technical level and highest
standards existing in the SELLERS' country for
the equipment in question at the time of the
execution of the Contract;
b) the capacity of the delivered GOODS and
quality of its operation are in all respects in
conformity with the technical conditions of the
Contract;
c) the GOODS have been delivered complete in its
totality in accordance with the conditions of the
Contract and this will ensure its normal stable
operation;
d) The guarantee period for the GOODS and its
spare parts is 12 months from the date of the start-
up of the equipment. The date of the Start-up
Report will be considered the date of putting the
equipment into operation.
e) If the GOODS or its spare parts proves to be
defective of faulty during the guarantee period, if it
does not correspond to the conditions of the
Contract the SELLERS have at their expense
either to remedy the defects or to replace the faulty
GOODS or its spare parts with new equipment or
spare parts of good quality during 30 days from the
date of reclamation which is to be delivered
without delay on terms of CIP-Tashkent.
At the SELLERS request the faulty GOODS or its
spare parts will be returned to the SELLER at his
expense after delivery of the replacement GOODS
or it spare parts.
f) If by mutual agreement the defects are
eliminated by the BUYERS the SELLERS shall
compensate the BUYERS for the expenses which
they have incurred in this connections.
g) Should the elimination of the defects or the
replacement of faulty equipment or its spare parts
take place the guarantee period shall be extended
by the time taken to rectify the fault.
h) If neither party can eliminate the defects the
BUYERS have the right either to demand from the
SELLERS a related reduction in the price of the
equipment delivered or the cancel the GOOD’S
and in this case the SELLERS are to compensate
the BUYERS for the losses which they have
sustained.
The SELLER should have the possibility in
agreement with the BUYER to alter the GODDS to
the more improved one at the date of delivery.
6.2. The warranty period prolongs from the
moment of failure of GOODS till the moment of
elimination of defects.
6.3. The guarantee of SELLER doesn't apply to the
defects of GOODS shown owing to non-
observance of operation directions provided by the
technical instruction (passport) of GOODS by
BUYER.
7. CLAIMS
7.1. Claims can be shown by the BUYER in the
following terms:
7.1.1. Concerning the quantity of GOODS. In the
case of its discrepancy to the quantity indicated in
the invoice, packing list and/or shipment
specification (including intratare shortage,
completeness breach) - not later than 60 (sixty)
calendar days from the date of the GOODS’
delivery in Uzbekistan.
7.1.2. Concerning the quality of GOODS - during
all guarantee period.
7.2. Packing list, enclosing to per each lot or whole
lot of equipment, guide for register and acceptance
of equipment by quantity.
7.3. In case of non-compliance GOODS and its
spare parts in quantity and quality the Parties attract
independent expert organization for inspection at
the expenses of the Seller. By the appropriate
document proving the claim is considered the
reclamation act of the examination of competent
independent expert organization of the Republic of
Uzbekistan. This act is to be final and binding
document upon both parties, confirming the
Quantity and quality of received GOODS and it
serves as the basis for conducting possible re-
accounts.
7.4. The claim goes to the SELLER by the
registered letter, fax or telex with the attachment of
documents confirming validity of the claim (the act
of independent expert organization). The date of
filing of the claim is considered the date of sending
of the claim to SELLER. The date of satisfaction of
the claim is considered the date of signing the
Certificate of elimination of defects (GOODS
additional delivery) by BUYER.
7.5. SELLER is obliged to send the answer to the
received claim within 15 (fifteen) days from the
date of a claim sight. In the case of the absence of
the answer in this term the claim is considered
accepted by the SELLER. In the case of not
consent with the claim the SELLER is obliged to
send the representative to the Republic of
Uzbekistan. After arrival of the representative
mixed commission from the representatives of
SELLER and BUYER is created in the Republic of
Uzbekistan and the statement the decision on which
is obligatory for the Parties is drawn up.
7.6. In the case of discrepancy of the quantity of the
GOODS its additional delivery or change is made
at the expense of SELLER (on the terms of DAP -
Tashkent) within 30 (thirty) days from the date of
sending of the claim by BUYER, also SELLER
will pay confirmed expenses of BUYER connected
with GOODS additional delivery or change made
in the Republic of Uzbekistan, documentary.
7. PACKING AND MARKING
7.1. Packing of delivered GOODS should satisfy
the established standards, specifications of
manufacturer and provide full safety of GOODS
delivered by the present Contract during
transportation when the cargo is transported by the
mixed transport and storage in a warehouse of
BUYER.
Packing is to protect the GOODS against any
damage or corrosion during transportation and to
provide for several possible transshipment in transit
and for a long storage of the GOODS. Packing of
the GOODS is to be suitable for carnage. The
GOODS shall be properly fixed inside the package
to preserve possible damage and breakage during
transportation and transshipment.
7.2. Each place should have the following marking:
Contract № Place №
Sender Gross weight, kg
Recipient Net weight, kg
Dimension, sm
Place number is put down by fraction, in which
numerator - place ordinal number, a denominator -
the total amount of places.
7.3. Complete set of packing lists, shipment
specification, invoice, the quality certificates on all
GOODS keep within a place № 1, having
distinctive color marking. Packing list showing the
contents of a place is put in each place.
8. TERMS OF PAYMENT
8.1. Payment under the present Contract is made by
the BUYER in US dollars by direct bank transfer to
the SELLER's account in the amount of 100%
advance payment from the contract amount within
5 banking days from the effective date of this
contract or by opening irrevocable, confirmed and
documentary letter of credit in favor of the
SELLER within 10 days from the effective date of
this Contract.
The delivery is considered completed from the date
of customs clearance of the goods in the country of
the BUYER (the date of the Customs declaration
IM-40).
8.2. The acceptance date is considered the date of
signing the Act of acceptance by the BUYER.
8.3. Payment currency under the present contract is
the US dollar.
8.4. All taxes, charges, duties and other payments
connected with the execution of the present
contract, in territory of the SELLER are paid by
SELLER, and in territory of the BUYER - by
BUYER.
8.5. All are a bank expenses outside the Republic of
Uzbekistan, including commission of the banks-
corresponder, are paid by SELLER. The Costs on
territory of the Republic Uzbekistan to account of
the BUYER.
8.6. Bank and shipment details of the SELLER:
Shenzhen HRY Machinery Industrial Limited
Company
26/F Tower, One time square 1 Matheson street,
Causeway Bay HK
Account: 3355007574751
Citibank, N.A., Hong Kong Branch
Citibank Tower, Citibank Plaza, 3 Garden Road,
Central, Hong Kong
SWIFT: CITIHKHX or CITIHKHXXXX
Bank code: 006
Branch code: 391
8.7. In the case of discrepancy of delivered
GOODS to the quantity or specification indicated
in invoice, packing list and/or shipment
specification (intratare shortage, completeness
infringement) payment will be made only for
delivered GOODS which will be indicated in the
GOODS delivery-acceptance certificate by the
quantity and completeness signed in the Republic
of Uzbekistan.
8.8. The SELLER pays all costs dealing with the
conclusion of the contract of carriage of the
GOODS to the destination, as well as inspection of
the GOODS (quality control, measuring, weighing,
counting), at the destination - Tashkent, as well as
the costs of inspection of the GOODS before
shipment, which is prescribed by the authorities of
the exporting country.
9. RESPONSIBILITY OF THE PARTIES
9.1. SELLER pays to the BUYER a fine for
untimely delivery (short shipment) of GOODS per
day of the delay to the amount of 0,5 % from cost
of the GOODS not delivered in time, but thus the
fine total sum shouldn't exceed 20% from the cost
of out of time delivered (outstood) GOODS.
9.2. In the case of delivery of the GOODS of
inappropriate quality, the SELLER makes
replacement of the goods of appropriate quality
within 30 (thirty) bank days, as well as pays the
BUYER a fine in size 20% cost GOODS improper
quality.
9.3. In the event of supply not marked or not proper
marked GOODS, SELLER pays the BUYER a fine
in amount of 1% from the cost of such GOODS.
9.4. Payment of the fine doesn't release SELLER
from contract performance. SELLER undertakes to
pay the fine within 14 days from the moment of its
submitting by BUYER.
9.5. For untimely payment of the GOODS
stipulated in the present Contract, the BUYER pays
a fine per day of the delay to the amount of 0,4 %
from unpaid cost of delivered GOODS, but thus the
total sum of fines shouldn't exceed 20 % of the cost
of overdue payment.
9.6. The parties are responsible for default or
inappropriate execution of the obligations
stipulated by the present Contract. The party guilty
of default or inappropriate execution of obligations
under the present contract is obliged to pay to the
other Party the damages caused by the default of
obligations.
10. FORCE MAJEURE
10.1. The party is exempted from the responsibility
before other party for default or a delay performed
by obligations under the present contract except for
return of advance payment if this default or a delay
were a consequence of force majeure.
10.2. These circumstances are: a fire, flooding,
earthquake, explosions, strikes, decisions of the
government of the states on prohibition of export,
import or other circumstances not dependent on the
Parties. In this case the date of execution of
obligations is postponed on a period of validity of
such circumstances.
10.3. If circumstances of force-majeure influence
essentially on the execution of the Contract or
impede execution of the Contract more than for
three months the party which has not suffered from
the circumstances of force-majeure has the right to
refuse Contract execution immediately having
notified about it the other Party.
10.4. The party for which force-majeure situation
was created, within three days notifies the other
Party on occurrence of these circumstances or their
termination and within 40 working days submit the
certificate on occurrence of these circumstances
given out by competent authorities of the
appropriate State.
12. CONSIDERATION OF DISPUTES
11.1. The parties will take all measures to settle all
disputes and disagreements which can arise from
the present Contract or in connection with it by
negotiations.
11.2. In the case if the parties can't come to the
agreement, all disputes and disagreements should
be resolved in Arbitration court under the
Information and Consultative Center of Tashkent
city according to its Rules by the chairman of the
court in Russian language without logging a
protocol in accordance with the legislation of the
Republic of Uzbekistan.
11.3. Judgments are obligatory for the Parties.
12. OTHER CONDITIONS
12.1. All changes and additions to the present
Contract and its appendices are valid only in the
case if they are fixed in written form, signed by two
parties
12.2. The SELLER guarantees that the equipment
delivered are free from any right or claims of third
persons which are based on industrial or other
intellectual property. In case any claim based on
such infringement is made by a third person upon
the BUYER or the BUYER'S clients, the SELLER
shall at his own expense take measures to settle the
claim of such third party and to compensate the
BUYER and/or BUYER'S clients all losses
(including expenses) suffered. The BUYER shall
within 10 days after he learned about such claims
of third persons notify the SELLER about them.
12.3. Conditions not stipulated by the present
contract are regulated by the legislation of the
Republic of Uzbekistan.
12.4. The present Contract is a subject to
registration in Unified Electronic Information
System of Foreign Trade Operations and operates
till the full execution the obligations by the Parties.
12.5. The date coming into force of the present
Contract is consider the date of its registration in
Unified Electronic Information System of Foreign
Trade Operations according to the legislation of the
Republic of Uzbekistan
12.6. The present Contract is made in two copies in
Russian and English, one copy to the SELLER, one
copy to the BUYER. All copies have identical
validity.
12.7. In the case of texts’ discrepancy the Russian
text is the prevailing force.
请问我该如何办呢？和我联系的有3个人，一个采购经理，一个工程师向我要技术参数，还有一个懂中文的微信交流细节。
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