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0755-* * * * * * * 1. 11. 2 2. 1 3. 2 4. 1605. 2 4.15*6. 217%1-27. 3 6.16.26.312) 34) 6.46.5 7.17.27.3 8.18.28.358.48.5 9.1129.29.39.42249.59.5.16.39.5.29.5.39.6,9.79.89.9 10.110.215 11.111.211.3 12.110.21023012.21212.312.112.41 purchase contractcontract no:date of signature:place of signature:the buyer:address:tel:fax:the seller:address:tel:fax:this contract is made by the buyer and the seller, whereby the buyer agree to buy and the seller agree to sell under mentioned goods according to the terms and conditions stipulated below:1.2 quantity specifications 1.3 total contract value:1.4 country of origin:manufacturer:1.5 warranty122quality warranty period is 12 monthscounting from the date of the user signed certificate of acceptance.should the equiptment fail due to manufacturing fault within the said 12months, the seller shall repair and exchange them free of charge. the seller shall take an active response in 2 working days upon receipt of the users writing advice of the break-down of the contracted equipment.1. 6post sales service:,the seller shall be held responsible for the post-sales service after the warranty period and take in charge lifetime repairs and technologic supports for the products at reasonable price.1. 7operating trainingduring the equipment installation and acceptance test-run, the engineer from the seller shall train the operators at the users sites. this training includes introduction of equipment structure, software operation, equipment operation, routine maintenance etc.2. time of shipment2.1. shipment: 45,within 45 days after receipt of payment, but subject to the receipt of full payment.2.2. partial shipment is not allowed; and transshipment is allowed.3. port of delivery:4. port of arrival5. packingto be packed in wooden cases and well protected against dampness, moisture, shock, rust and withstand numerous handling, loading and unloading as well as long distance sea and inland transportation according to the goods different shapes and special feature, the sellers shall be liable for any damage to the goods on account of improper packing and for any damage attributable to inadequate or improper protective measures taken by the sellers, and in such cases any and all expenses incurred in consequence thereof shall be borne by the sellers. the seller shall submit to the buyer certificate of non-wood packing or heat treat certificate of wooden packing shall be submitted together with the goods delivered.6. shipping mark on the surface of each package, the package number, gross weight, net weight,measurements, do not stack upside down, handle with care, keep away from moisture and the shipping mark shall be stenciled legibly in fadeless paint:shipping marks:7. insurance110to be covered by the seller for 110% of the contract value against all risks and war risks from the port of delivery till at hohhot airport,china8. terms of payment100% of total contract value shall be paid by t/t.100% 30%1st payment: 30% of total contract value shall be paid to the seller in advance after contract signed 70%2nd payment: 70% of total contract value shall be paid upon receipt of the sellers advice of goods ready for delivery.9. documents3 the sellers shall present full set of the following documents to the buyer within 3 working days after shipment by express delivery:a. air waybill in one original, marked freight prepaid and consigned to the buyer.b. 110%full set of insurance policy or certificate covered by the seller for 110% of the contract value against all risks and war risks.c. d. e. /certificate of quality and quantity/weight, in 5 originals, issued by the manufacturer.f. 48copy of fax to the buyer advising particulars of shipment within 48 hours after shipment.g. certificate of origin in 3 originals, issued by authority of manufacturer.h. ()1ippcippc(in case of wooden packing)sellers certificate in 1 original certifying that the wooden packing has met the requirement of ippc and has been marked with the special signal of ippc.10.beneficiarys banking informationname of the beneficiary:address of the beneficiary:name of the beneficiarys bank:address of the beneficiarys bank:beneficiarys bank account number:swift no. beneficiarys swift no.11.technical data refer to relevant attachment 2 signed by the seller and the user.12. shipping advice13. guarantee of quality the seller shall guarantee the goods are made of best materials, with first class workmanship, brand new, unused and correspond in all respects with the quality, specification and performance as stipulated in contract.14.inspection and claims14.1inspectionas per details stipulated in technical agreement signed by the seller and user14.3, , any and all claims shall be regard as accepted if the sellers fail to reply within 30 days receipt of the buyers claim.15. claims15.1agree to the rejection of the goods and refund to the buyers the value of the good so rejected in the same currency as contracted herein and to bear all direct expenses in connection therewith including insurance premium, inspection charges, stevedore charges, and all other necessary expenses.15.2devaluate the goods according to the degree ofinferiority, extent of damage .15.3 replace defective parts with new parts, which conform to the specifications, quality, and performance as stipulated in this contract.15.43030 the claim mentioned above shall be regarded as being accepted if the sellers fail to reply within 30 days after the sellers receive the buyer s claim.the buyers claim shall be satisfied within 30 days counting from sellers acceptance of the claim.16.force majeure17.late delivery and penalty, , 5%,0.5%()should the sellers fail to make delivery on time as stipulated in the contract, with exception of force majeure causes specified in clause 18 of this contract, the buyers shall agree to postpone the delivery on condition that the sellers agree to pay a penalty. the penalty, however, shall not exceed 5% of the total value of the goods involved in the late delivery. the rate of penalty is charged at 0.5%for every seven days odd days less than seven days should be counted as seven days. in case the sellers fail to make delivery ten weeks later than the time of shipment stipulated in the contract, the buyers shall have the right to cancel the contract and the sellers, in spite of the cancellation, shall still pay the aforesaid penalty to the buyers without delay. at same timethe seller unconditionally return all prepaid18. ability and indemnity:18.1 the seller shall indemnify the buyer against liabilities incurred or suffered by the buyer inconnection with any death or personal injury caused by the sellers negligence or resulting from any defect in the goods caused by the seller.18.2 the seller shall be liable to the buyer for physical loss of or physical damage to property of thebuyer caused by the sellers negligence or which results directly from a breach of this contract by the seller or directly from any defect in the goods caused by the seller.18.3 the sellers total liability to the buyer in respect of loss or damage arising under section 18.2shall be limited to the total amount payable by the buyer under this contract.18.218.4 in no event shall the seller be liable for any indirect, special or consequential losses includingbut not limited to loss of use, business, production, goodwill, revenue , profits or opportunity* *gdht-* , 12
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