Foreign trade contract(example)

Contract #

Hong Kong  «____»________ 2016_

Company «Honey-Seller LTD» registered

in Hong Kong ,Kowloon , 34 rd , 2. (hereinafter referred to as the “SELLER”), represented

by Evgenii Ilin,CEO,  due to the power of the statement on the one hand, and company  “ Honey-Buyer LTD ” (hereinafter referred to as the “BUYER”), represented by _______________,CEO , due to the statement on the other hand, have concluded the Present Contract on the following:

1. Subject of the contract

The seller agrees to ship and the Buyer to buy on terms (basic terms of delivery) according to Incoterms 2010. The goods, the nomenclature which is given in Annex 1 to the present Contract,

which are an integral part  of the contracttotal 9880 USD in the period to 3rd of march 2016.

Price and total amount of the contract.

2.1. All the prices are specified in the SELLER’s proposals and fixed in US dollars.

The SELLER has a right to change prices in case of informing the BUYER before one month

of  these changes.

2.2. The total amount of the Present Contract is 9886 USD

(Nine thousand eight hundred eighty six US dollars)   and stay fixed even if the Seller changes in prices within validity of Contract.

2.3. All costs, including customs, upon signing and execution of the Contract  shall be paid by the parties on their  territories . Seller pays only export costs .

3. Terms of delivery

3.1. Delivery terms: delivery basis.

3.2. GOODS are delivered in lots formed in the assortment, based on BUYER’s orders and availability of GOODS in the SELLER’s stock.

3.3. The order considered to be implemented if the SELLER makes out a pro forma invoice

3.4. Invoice comes into power after the BUYER confirms his payment of this invoice.

3.5. When BUYER confirmed a payment of the invoice , SELLER should gather lot , make all pre shipping sanitary tests in Russian lab and ship it within 14 business days.

The SELLER must inform the BUYER of the fact of shipment as soon as possible and must  provide following information:

  1. Date of shipment;
  2. Contract Number.
  3. Name of Vessel,
  4. Number of shipping document,
  5. Description,
  6. Number and Weight of the GOODS.

In case the GOODS are not shipped within 14 days after BUYER’s confirmation of the Invoice, the SELLER is to pay the BUYER the fine 0,01% of the cost of non-shipped GOODS.

In case the GOODS are not shipped within 30 days after BUYER’s confirmation of payment of the Invoice, the BUYER has a right to refuse these contract .

3.6. The right of ownership for the GOODS shall pass to the BUYER at the moment of

___________ (according to the delivery basis).

4. Terms of payment Buyer pays 100% of the amount  specified in the invoice, before the gathering of the lot by the SELLER.

Payments in advance are available if both parties have agreed.

In case of non-delivery  of the goods, the Seller returns the money  (100%) of advanced payment not later than 90 days from the date of the advancepayment.

4.2. All payments under this Contract are made in US dollars by bank remittance to the SELLER’s account.

5. Packaging and labelling

5.1. The goods must be Packed in accordance with the requirements of each Item.Internal and external packaging needs to provide protection from damage and atmospheric influences.

Plastic barrels in which honey will be sent , should be suitable for transporting food products.

All supporting documents (packing lists, specifications) as well as labling and technical documentation must be written in English.

All the covering documents such as Packing and Specification Lists as well as Marking and Technical Documentation shall be written down in English.

6. Acceptance of the GOODS

6.1. The GOODS are considered as delivered by the SELLER and accepted by the BUYER:

Number of packages and total brutto and netto weight – according to shipment documents;

Qualityin accordance with  quality certificate of the Seller.

6.2. Final acceptance should be made in the territory of the BUYER.

The GOODS are being accepted: by number of packages – on receipt of the GOODS from a Forwarder (Carrier);

By quantity of items – not later than two weeks after receiving the GOODS and the moment of opening the package;

As to quality – not later than one month after opening the package.

Acceptance of the GOODS shall be made by the official representative of the BYUER with the invitation representative of the chamber of Commerce (Buyer option if necessary ) with registration of the acceptance certificate.

7. Quality and Warranty

7.1. The quality of the Product must be in full compliance with the Certificate the quality of the  supplier.

7.2. For the GOODS established the warranty period is fixed within 30 days from the date of delivery.

7.3. If within the warranty period  The goods delivered by the Seller, will show  defects or non-conformance of the contract, the Seller is obliged to eliminate  the defect or replace the defective components at his own expense. Shipping defective products upon return  performed at the Buyer’s expense.

8. Claims

8.1. The BUYER can claim the SELLER for quantity as well as for quality within 30 days from the date of acceptance.

For the GOODS ensured by a warranty period claims can be made 30 days after warranty period expires in case if the BUYER has found defects within this warranty period.

8.2. The claims must be proved by the Certificate drawn up by a competent independent expert Organization.

8.3. The SELLER should satisfy any claim within 20 days from the date of receipt.

9. Force-majeur

If in the case of the Force-majeu circumstances, namely: fire, natural disasters, blockade, war or hostilities, embargo on exports or Imports, or some other ones not dependent on the Parties, the full or partial execution of this Contract obligations becomes impossible by any of the participants, is changed in accordance with the duration of such circumstances.

If such circumstances continue for more than 90 days , each party has the right to refuse further performance of Contractual obligations, and in this case none of the parties has no right to claim damages. Neither Party should have the right to claim compensation for damages related to these circumstances.

Either Party who finds it impossible due to such circumstances to accomplish their obligations according to this Contract should immediately inform the other Party by both electronic means and registered mail of the Force-majeur circumstances within 5 days. A certificate issued by th Chamber of Commerce of an appropriate geographical entity, related to either the SELLER’s or BUYERS’ countries, shall serve as proper proof of the existence of a Force-majeur and its duration.

10. Other terms and conditions.

10.1. 10.1. The SELLER has the right to transfer Contractual obligations to a third party and shall notify the Buyer a message by e-mail.

10.2. The present Contract can be changed or annulled only after both parties’ written consent.

All amendments and additions to the Present Contract are its inherent parts and valid only if they are made in writing and signed by both PARTIES.

10.3. After signing the Present Contract all previous negotiations and correspondence between the parties in connection with it shall be considered null and void.

The present contract exists in two copies for BUYER and SELLER. All of them  have equal juridical validity.

10.4. The Duration of the Present Contract: The Present Contract comes to power from the moment of being signed and is valid until


11. Annotation

In order to make this Present Contract work more effectively, both parties announce that

documents sent by the email are valid till the original documents arrival, but not longer than 180 calendar days, after 180 days being over, the original documents are to be presented to the other party. Extension in validity by email is not allowed.

12. Legal address and Bank Requisites of the Parties

In case of bank requisites being changed by any of the parties, the other party shall be informed about it by the email and within 10 days an ADDENDUM to the Present Contract with new Bank requisites is to be made and signed by both parties.

Bank requisites is to be made and signed by