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1. What are the differences between penalty and liquidated
damages?
LD: Purpose: To compensate the buyer fairly for any delay in
delivery (a fair figure, a lump sum)
Enforceable everywhere
Penalties: Purpose: To terrorize the exporter into punctual
delivery
Not enforceable in English law or other common law systems
2. What are the special features of a marine Bill of lading?
The Marine bill of lading is the special document used for
shipment by sea. It can be made
negotiable, which means it can be bought or sold. The word Order
makes the bill of lading negotiable. That means the shipper must
endorse the bill by signing it on the back. To be
acceptable as a shipping document under a letter of credit, it
must bear the notation that the
goods have been shipped on board a named vessel.
3. How does LC protect both buyer and seller?
the LC assures the exporter of payment if he makes the agreed
shipment. it also assures the
importer that he is not required to pay until the seller ship
the goods. So LC provide both
parties with mututal protection in dealing with other.
4. What is the danger in issuing a standby LC?
Risk of non performance from buyer. too simple to pay (only need
a sight draft and a
statement from foreign bank claiming that it was not paid). bank
cannot be involved in
performance or quality of workmanship
5. What are the differences between time LC and deffered payment
LC??
Deffered payment: after delivery, shipper forward documents to
the importer bank, while a
sight draft is presented at a later date;
time LC: after delivery, shipper forward documents to the
importer bank, but instead of
paying the seller, the bank accepts the draft - making it a
banker's acceptance - and return it
to the seller. This banker acceptance have liquidity while
deffered payment don't have this
characteristic.
6. What are the differences between revocable LC and stand by
LC? revocable LC is an LC which can be amended or cancelled without
notifying to any party.
Standby LC is an LC for assuring one party perform the contract.
If Buyer perform their
duty, standby LC is automatically cancelled. If Buyer not,
issuing bank of Standby LC has
the duty to pay.
7. What types of L/C finance the importer defer L/C
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8. What types of L/C finance the exporter Red-clause LC
PACKING:
To be packed in strong wooden case(s) then in container,
suitable for long distance ocean/parcel
post/air freight transportation and change of climate, well
protected against moisture and shocks
and roughly portage. The Sellers shall be liable for any damage
of the commodity and expenses
incurred on account of improper packing and for any rust
attributable to inadequate or improper
protective measures taken by the Sellers in regard to the
packing. The wooden boxes must be
labeled with "IPPC".
BAO B:
Hng c ng trong kin g ri t vo container, ph hp hnh trnh di bng
ng
bin/bu kin/vn chuyn hng khng v ph hp vi iu kin thi tit thay i;
phi c
bo v chng m, chng va p trong bc xp. Ngi Bn phi chu trch nhim vi
bt k tn
tht no xy ra vi hng ha v cc chi ph pht sinh do vic ng gi khng ng
quy cch;
cng vi bt k s han g lin quan ti phng thc bo qun khng ph hp hoc
khng ng
quy cch do Ngi Bn s dng trong qu trnh ng gi. Cc kin g phi c dn
nhn
IPPC
FORCE MAJEURE:
The Sellers shall not be held responsible for any delay in
delivery or non-delivery of the goods
due to Force. Major. However, the Sellers shall advise the
Buyers immediately of such
occurrence and within fourteen days thereafter, shall send by
airmail to the Buyers for their
acceptance a certificate issued by competent government
authorities of the place where the
accident occurs as evidence thereof. Under such circumstances,
the Sellers, however, are still
under the obligation to take all necessary measures to hasten
the delivery of the goods. In case the
accident lasts for more than ten weeks, the Buyers shall have
the right to cancel this Contract.
BT KH KHNG:
Ngi Bn s khng phi chu trch nhim cho bt k s chm tr trong giao hng
hoc khng
giao hng c do cc s c bt kh khng.Tuy nhin, Ngi Bn phi thng bo vi
Ngi
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Mua ngay lp tc trong trng hp c s c bt kh khng pht sinh v trong
vng 14 ngy sau
, phi gi cho Ngi Mua ha n giy chng nhn do c quan chc nng c thm
quyn ti
ni s c xy ra ban hnh lm bng chng. Trong trng hp ny, Ngi Bn vn
chu trch
nhim s dng cc bin php cn thit y nhanh qu trnh vn chuyn. Trong
trng hp s
c ko di hn 10 tun, Ngi Mua s c quyn hy hp ng.
LATE DELIVERY AND PENALTY:
In case of delayed delivery except for force majecure cases, the
Seller shall pay to the Buyer for
every week of delay penalty amounting to 0.5% of the total value
of the goods whose delivery
has been delayed. Any fractional part of a week is to be
considered a full week. The total amount
of penalty shall not, however, exceed 5% of the total value of
the goods involved in late delivery.
The Seller grants a grace period of four weeks from the delivery
date before penalties shall be
applied.
GIAO HNG CHM V PHT:
Trong trng hp hng ha b giao chm khng nm trong trng hp bt kh
khng, vi mi
tun giao chm, Ngi Bn s phi chu khon pht l 0.5% tng gi tr s hng b
giao chm.
Bt k phn l no ca mt tun cng s c tnh l mt tun. Tng mc pht s khng
qu 5%
tng gi tr hng ha giao chm. Ngi Bn s c hng khong thi gian min pht
l 4 tun
tnh t ngy giao hng trc khi n pht c thi hnh.
Inspection before Shipment:
1. Inspection by the BUYER
The BUYER may, at the BUYERs option, inspect the Goods prior to
shipment. At least 10 days before the actual Delivery date, the
SELLER shall give notice to the BUYER, or to any agent
nominated by the BUYER, that the Goods are available for
inspection. The SELLER shall permit
access to the Goods for purposes of inspection at a reasonable
time agreed by the parties.
Kim nh trc khi gi hng
1. Ty theo la chn ca bn Bn, bn Bn c th kim nh hng ha trc khi hng
c gi i. t nht 10 ngy trc ngy giao hng thc t, bn Bn phi thng bo vi
bn Mua, hoc vi bt k i l no c ch nh bi bn Mua, rng hng ha sn sng cho
vic kim nh. Bn Bn phi
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cho php s tip cn ti hng ha nhm mc ch gim nh trong mt khong thi
gian hp l c ng bi c hai bn.
2. Inspection by Inspection Service
The parties understand that importation into Japan requires
inspection of Goods by SGS before
shipment from the SELLERs country. The SELLER agrees to
cooperate fully with the SGS in providing access to and necessary
information about the Goods for the purposes of such
inspection.
2. Kim nh bi c quan kim nh
Cc bn u hiu rng vic nhp khu vo Nht Bn yu cu c s gim nh bi SGS nc
xut khu trc khi hng ha c vn chuyn i. Bn Bn ng hp tc mt cch hon ton
vi SGS trong vic cung cp s tip cn ti v cc thng tin cn thit v hng ha
cho mc ch kim nh.
Delay in Delivery
In the event of late Delivery for reasons other than force
majeure as defined in this Contract, the
SELLER shall pay as liquidated damages and not as a penalty the
sum of 0.1% of the value of the
undelivered part per day of late Delivery up to a maximum of 10%
of the Price payable under Clause
10 below. Payment of liquidated damages shall be due without the
BUYER having to furnish proof of
any loss, damages or injury.
Payment of liquidated damages shall constitute full and complete
satisfaction of any claim of the
BUYER against the SELLER arising from or in connection with late
Delivery of any Goods. In
particular the SELLER shall not be liable for any indirect or
consequential loss or damages, as defined
in Clause 2.7 above, arising from or in connection with late
delivery of any Goods.
Giao chm
Trong trng hp giao chm khng phi do bt kh khng c nh ngha trong hp
ng ny, ngi bn s tr mt khon tin coi nh l bi thng tn tht ch khng phi
l pht tng s l 0.1% gi tr hng giao chm trn 1 ngy chm v ln nht l 10%
gi phi tr theo iu 10 di y. Thanh ton bi thng phi c thc hin ngay m
khng c yu cu ngi mua a ra chng c v mt mt hay tn tht h hng no ca hng
ha hay tn thng v ngi.
Vic thanh ton tin bi thng tn tht phi gii quyt mt cch tha ng bt c
khiu ni no ca bn Mua i vi bn Bn ny sinh t hoc c lin quan n vic giao
hng chm i vi bt k phn hng no. Trong trng hp c th, bn Bn khng chu
trch nhim i vi bt k tn tht gin tip hoc mang tnh hu qu no, nh c nh
ngha trong iu 2.7 trn y, ny sinh t hoc lin quan n vic giao hng chm
i vi bt k phn hng no.
.Late Delivery
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If the Seller fails to delivery the Goods at the fixed date, the
Buyer will have the right to demand
from the Seller the payment of a penalty of 1% per day of the
value of goods not delivered. The Buyer
has the right to cancel contract in case of delayed shipment
exceeding 50 days from the fixed delivery
time. The Seller has to pay back the Buyer the sum having been
paid plus interest rate and has to
compensate all actual and documents losts arising due to
cancelling of contract, however not exceeding
5% of the contract value.
Pht giao hng chm
Nu bn bn khng th giao hng ng thi gian nh tha thun, bn Mua c quyn
i bn
Bn phi np pht l 1% mi ngy tnh trn c s gi tr ca hng giao chm
Bn Mua c quyn hy hp ng trong trng hp chm giao hng qu 50 ngy k t
ngy n
nh giao hng. Bn bn phi tr li bn Mua ton b s tin c thanh ton cng
thm t sut li tc,
bi thng v cc tn tht thc t c chng minh c lin quan n vic hy hp ng
nhng khng
qu 5% gi tr ca hp ng
ARTICLE 7: CLAIM
The Seller as the ability for processing the inspection of goods
before shipment and to bear all expenses
occured.
In the case of loss or damage after goods landed at port of
arrival all by the Buyer shall be made claim
for quantity must be presented two month after arrival of goods
at Saigon Port, claim for quality within
three month after the goods at Saigon Port, and shall be
confirmed in writting together with survey
report of the goods inspection office of the VINACONTROL. The
survey report of VINACONTROL
should be regards as final.
Whenever such claim is to be proved as of the seller's
responsibility. The seller shall settle without
delay.
7. KHIU NI Ngi bn chu trch nhim v chi ph pht sinh i vi qu trnh
kim tra hng ha trc khi giao hng.
Trong trng hp xy ra tn tht hay thit hi sau khi hng ha n cng giao
hng th ngi mua c quyn khiu ni ngi bn v khi lng hng ha trong vng 2
thng k t sau ngy hng ha n cng Sign; v khiu ni v cht lng hng ha
trong vng 3 thng k t sau ngy hng ha n cng Sign. Ngi mua cn phi khiu
ni bng vn bn v gi km theo bin bn gim nh hng ha (do Vn phng gim nh
hng ha VINACONTROL cp). Bin bn gim nh ny c coi l vn bn quyt nh gii
quyt khiu ni. Bt c lc no ngi mua chng minh c rng tt c nhng khiu ni
trn thuc trch nhim ca ngi bn th ngi bn phi tin hnh gii quyt ngay
khng c chm tr.
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Warranty, maintenance:
1. Bo hnh, bo tr: (3 points)
All equipment and accessories under the Sellers scope of
responsibility will be within 12
months warranty by the Manufacturer from the date of Final
Acceptance Report, but not exceeding 14
months from the date on Bill of Lading. For consumable items (vt
t tiu hao), components and spare
parts, Manufacturers warranty conditions apply.
Tt c thit b v ph kin thuc trch nhim giao hang ca ngi bn c Nh sn
xut bo
hnh 12 thng k t ngy ca Bo co chp nhn cui cng, tuy nhin khng c vt
qu 14 thng
k t ngy trn vn n. Vt t tiu hao v ph kin c p dng iu kin bo hnh ca
nh sn xut
During the warranty period, the Seller is responsible for
technical support to help the Buyer in
solving technical problems if the Goods show any defects. The
first line of technical support shall be
by telephone and/or email.
Trong thi gian bo hnh, ngi Bn chu trch nhim h tr k thut gip ngi
Mua gii quyt cc
vn k thut nu hang ha c li. Cch/knh h tr k thut u tin l bng in
thoi v/hoc
email.
In the event of inappropriate or improper use, incorrect
storage, erroneous assembly or start-up
by the Buyer or third parties, natural wear and tear, erroneous
or negligent handling, improper
maintenance, use of inappropriate operating resources, defective
construction work, or chemical, or
electrical influences for which Manufacturer is not responsible,
the Buyer is not entitled to claim
against Manufacturer under warranty.
Ngi mua khng c quyn khiu ni Nh sn xut theo iu kin bo hnh nu ngi
mua hoc
bn th ba s dng khng ng cch hoc khng hp l, bo qun khng ng cch, lp
rp hoc khi
ng c li, li hao mn thong thng, vn hnh c sai st hoc bt cn, bo tr
khng ng cch, s
dng nguyn vt liu vn hnh khng hp l, vic xy dng c li, do nh hng ca
ha cht hoc
dng in.
Indemnity:
Each party shall indemnify, defend, and hold the other party
harmless from and against any and
all claims, actions, suits, demands, assessments, or judgments
asserted, and any and all losses,
liabilities, damages, costs, and expenses (including, without
limitation, attorneys fees, accounting fees,
and investigation costs to the extent permitted by law) alleged
or incurred arising out of or relating to
any operations, acts, or omissions of the indemnifying party or
any of its employees, agents, and
invitees in the exercise of the indemnifying partys rights or
the performance or observance of the
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indemnifying partys obligations under this agreement. Prompt
notice must be given of any claim, and
the party who is providing the indemnification will have control
of any defense or settlement.
.Bi thng (3 points)
Mi bn s bi thng, bo v v gi cho bn kia khng b thit hi t v i vi bt
k v tt c cc
khiu ni, hnh ng, kin tng, yu cu, nh gi, hay phn quyt i quyn li,
v bt c hay tt c
cc thua thit, thit hi, trch nhim, chi ph v ph tn (bao gm, nhng
khng gii hn, cc chi ph
lut s, chi ph k ton v cc chi ph iu tra trong phm vi php lut cho
php) phi chu pht sinh
lin quan ti bt c hot ng, hnh ng hay thiu st no ca bn bi thng hay
bt c nhn vin,
i l v khch mi trong vic thc thi cc quyn ca bn bi thng hay vic
thc hin hay tun th
cc trch nhim ca bn bi thng theo bn hp ng ny. Thng bo ngay phi c
a ra i vi
bt c yu cu no, v bn ang a ra bi thng s c s kim sot bt c vic bo v
hay thanh ton
no.
Penalty:
The Manufacturer shall be liable to pay penalty in the following
cases specified as breach of contract:
- In the event of late delivery: The Manufacturer has to pay as
liquidated damages 2.5% of the
sum of performance bond if the Manufacturer delays 15 working
days or more from the planned time
of shipment. If such delay exceeds 30 days, liquidated damages
amounting up to 5% of the sum of
performance bond shall be due. In any event, the total maximum
claim during the execution of this
contract is capped at 5% of the sum of the performance bond.
- In the event of shortage of quantity no penalty shall be due.
Instead the Buyer shall be entitled
to a reduction of the Contract Price equalling the difference
between the goods delivered and the goods
the Manufacturer was liable to deliver.
Pht: (3 points)
Nh sn xut phi chu pht trong nhng trng hp c coi l vi phm H sau
y:
- Giao hang chm: Nh SX phi tr mt khon tin bi thng c quy nh trc
bng 2.5%
gi tr bo lnh thc hin H nu nh SX giao hang chm 15 ngy lm vic k t
ngy giao
hang d kin. nu giao chm qu 30 ngy, nh SX s phi tr khon tin bi
thng c quy
nh trc bng 5% gi tr bo lnh thc hin H. Trong mi trng hp, tng s
tin bi
thng trong thi hn ca H ny khng c vt qu 5% gi tr bo lnh thc hin
H.
- giao hang thiu s khng b pht. trong trng hp ny ngi mua c quyn i
gim gi H
tng ng vi khon chnh lch gia s hang thc giao v s hang nh SX c
trch nhim
phi giao/l ra phi giao.
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Limit of Liability:
In no event shall either party be liable to the other or any
third party in contract, tort or otherwise
for incidental or consequential damages of any kind, including,
without limitation, punitive or
economic damages or lost profits, regardless of whether either
party shall be advised, shall have other
reason to know or in fact shall know of the possibility.
If one party to this contract causes damages to the other party,
the injured party has the right to recover
the cost of the damages from the party causing the injury.
Damage costs that could be recovered
include direct damages, which are damages that are a direct
result of what happened, like medical costs
or property damage, and indirect damages. Indirect damages are
those that are not directly caused by
the other party but that are incurred because the party was
injured.
Gii hn Trch nhim (3 points)
Khng c bt c trng hp no m mt bn s phi chu trch nhim vi bn kia hay
vi bt c bn
th ba no trong hp ng, kh c hay bt c phng thc no khc cho cc thit
hi mang tnh kt
qu hay ph thm ca bt c hnh thc no, bao gm nhng gii hn, cc thit hi
kinh t hay trng
pht, khng quan tm ti vic bn no c c bit, c l do khc bit hay trn
thc t bit v kh
nng c th xy ra.
Nu mt bn gy ra thit hi cho bn kia, bn chu thit hi c quyn c bi
thng tt c cc chi ph
cho thit hi t bn gy ra thit hi. Cc chi ph thit hi c bi thng bao
gm cc thit hi trc
tip, vn l nhng thit hi l kt qu trc tip t nhng g xy ra, chng hn
nh chi ph t hay
thit hi ti sn, v cc thit hi gin tip. Thit hi gin tip l nhng thit
hi khng trc tip gy ra
bi bn kia nhng bn b thit hi vn phi chu.
Delay in delivery:
In the event of late Delivery for reasons other than force
majeure as defined in Clause 17 above, the
Seller shall pay as liquidated damages and not as penalty the
sum of 5% of the value of the undelivered
part per Day of late Delivery up to a maximum of 25% of the
price payable under Clause 9 below.
Payment of liquidated damages shall be due without the Buyer
having to furnish proof of any loss,
damage or injury.
Trong trng hp giao hng chm v cc l do ngoi nguyn nhn bt kh khng
nh quy nh trong
iu 17 trn y, ngi bn phi thanh ton khon tin bi thng quy nh trc
(ch khng phi
tin pht) mt khon bng 5% gi tr l hng cha giao tnh theo s ngy giao
hng chm, ti a l
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25% s tin phi tr theo iu 9 di y. Ngi bn phi thanh ton khon tin
bi thng quy nh
trc v ngi mua khng phi cng cp bt c bng chng no v tn tht, hng hc
cho hng ha
hay tn thng cho con ngi. (2 points)
Payment of liquidated damages by the Seller shall not preclude
the Buyer from seeking compensatory
damages from the Seller for any loss, injury or damage arising
from or in connection with late Delivery
of any Goods; in particular the Buyer shall be entitled to
compensation from the Seller for any indirect
or consequential loss or damage, including but not limited to
loss of profit, loss of use or loss of
contract, arising from or in connection with late Delivery of
any Goods.
Vic ngi bn phi thanh ton khon tin bi thng quy nh trc s khng cn
tr ngi mua yu
cu ngi bn bi thng thit hi cho cc tn tht, hng hc cho hng ha hay
tn thng cho con
ngi trc tip hay gin tip pht sinh t vic giao hng chm. C th, ngi
mua c quyn yu cu
ngi bn bi thng cc thit hi trc tip hay gin tip, bao gm nhng khng
hn ch bi vic mt
li nhun, mt quyn s dng hoc mt hp ng pht sinh t vic giao hng chm.
(2 points)
Disclaimer of warranty
The software provided under this Agreement is furnished as is
and without support of any kind
whatsoever.
The Supplier disclaims all warranties with regard to any
software licensed to the Purchaser under this
Agreement, including all implied warranties of merchantability
and fitness for a particular purpose. In
no event shall the Supplier be liable for any special, indirect
or consequential damages whatsoever
resulting from loss of use, data or profits, whether in an
action of contract, negligence or other tortuous
action, arising out of or in connection with use or performance
of any software licensed under this
agreement.
T chi bo hnh
Phn mm giao theo H ny c cung cp nh hin ti/hin nhin m khng c bt k
h tr no
khc.
Nh cung cp t chi bo hnh bt k phn mm no m ngi mua c php s dng
theo tha
thun ny, bao gm c cc bo hnh n v kh nng mua bn li v nhng mc ch c
th ph hp
no . Trong mi trng hp nh cung cp s khng phi chu trch nhim v cc
thit hi trc tip
hay gin tip c bit no pht sinh t vic mt quyn s dng, mt s liu hay
thit hi li nhun do
mt hnh ng theo hp ng, do l l hay cc hnh ng s sut khc pht sinh
trc tip hoc gin
tip khi s dng cc phn mm c cp php theo tha thun ny.
Ngy, a im v cc iu khon giao hng
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Vic giao hng c thc hin theo CIF cng Kobe (Nht Bn), Incoterms
2010. Ngy giao hng d nh l ngy 15 thng 10 nm 2011. Ri ro v quyn s hu
i vi hng ha s chuyn t ngi bn sang ngi mua ngay khi giao hng.
Ni giao hng theo hp ng ny l cng Si Gn, Vit Nam
. Date, Place and Terms of Delivery
Delivery of the Goods shall be made CIF Kobe port (Japan),
(Incoterms 2010). The scheduled date of
Delivery shall be 15th October 2011. Risk and title to the Goods
shall pass from the SELLER to the
BUYER on Delivery.
The place of Delivery under this Contract is Saigon port,
Vietnam.
Goods are to be packed in strongly sewn new single jute bags of
50kgs net weight with tare weight of
700 grams each. Shipment is to be effected in 2 containers 20
feet of 355 bags each (Full Container
Load). The SELLER shall be liable for any damage to or loss of
the Goods attributable to improper or
defective packaging.
Hng ha phi c ng trong bao ay mi khu chc chn 50 kg khi lng tnh vi
700g trng lng b. Vn chuyn trong nguyn 2 container 20 feet vi 355
bao mi container. Ngi bn s chu trch nhim cho bt c h hng hay mt mt
ca hng ha lin quan n li bao b.
3.5 Terms of discharge
After the ship reaches the discharging port, the commodity will
be checked according to the sales
contracts time
The seller is to pay all the charge for checking fee and
insurance SGS at the loading port and the buyer
is to pay all the charges at the discharging port
Discharge of cargo level: 3000MT per day not including Saturday,
Sunday and holidays as the
ordinance of The Socialist Republic Vietnam.
3.6. iu khon ca vic d hng
Sau khi tu cp bn cng d, hng s c kim tra theo thi gian ca hp
ng.
Ngi bn phi tr tin cho cc khon ph kim tra v bo him SGS ti cng bc
hng v ngi mua
phi tr tt c cc khon tin ti cng d hng.
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Khi lng d hng: 3000 mt tn mi ngy khng bao gm th by, ch nht v cc
ngy l theo quy
nh ca nc cng ha x hi ch ngha Vit Nam.
2.In the event of a defect coming to light and being notified to
the seller, the seller shall, at his
discretion and without undue delay, repair or replace the
defective item at his own risk and cost.
Hng c giao theo iu kin Giao hng ti xng. Khch hng s chu mi ri ro
v trch nhim i vi hng ha. Bt c s thiu hng, tn tht, mt mt phi c ngi
chuyn ch bo ngay khi nhn hng. Theo nhu cn c th, qu v c th yu cu ngi
chuyn ch nhn hng hoc yu cu chng ti nhn hng. S la chn ca qu v phi c
thng bo kp thi cho chng ti
1. The goods are delivered Ex- Works. The goods travel at the
clients risk and responsibility. Any shortages, losses or damage
must be signaled at the moment of collection by the carrier.
Based on your specific needs, you could decide to ask the
carrier in order to collect the goods or
to delegate us to do this for you. Your option shall be due
informed to us.
Bao b: Go phi c ng trong bao ay mi trng lng tnh mi bao 50kg,
khong 50,6 kg c b, khu tay ming bng ch ay i thch hp cho vic bc vc v
vn ti ng bin; ngi bn s cung cp 0,2% bao ay mi min ph ngoi tng s bao
c xp trn tu.
Packing: Rice to be packed in single jute new bags of 50 kgs net
each, about 50,6 kgs gross each, hand-sewn at mouth with jute twine
thread suitable for rough handling and sea
transportation. The Seller will supply 0.2% of new jute bags
free of charge out of quantity of
bags shipped
3.Seller shall be liable for and shall protect, defend,
indemnify and hold harmless Buyer from and
against any and all claims, liabilities, cost, charges, damages
and expenses of every kind and nature, in
terms of injury, illness or death of, or damage to or loss of
assets of any third party, arising during
and/or as a result of the performance of this Order without
regard to whether any act or omission of
Buyer contributed to such injury, death or damage to or loss of
assets.
Ngi bn s chu trch nhim v s bo v, m bo, bi thng v gi cho ngi mua
khng b thit hi t v i vi bt k hay tt c cc khiu ni, trch nhim, chi
ph, thit hi v ph tn i vi bt k loi hnh hay trng thi no, lin quan ti
thng tch, thng vong v ngi hay thit hi, mt mt v ti sn ca bt k bn th
3, pht sinh trong qu trnh v/hoc do kt qu ca vic thc hin n hng ny gy
ra khng lin quan ti vic thc hin ca ngi mua gy ra thng vong, thit
hi, tn tht v ti sn.
-
1. Seller shall use its reasonable efforts to deliver the Goods
to Buyer on or before 20 June 2011,
delivery shall be made by air freight to Buyer at the specified
address. If the delivery is not
made within 45 days of the scheduled delivery date, other than
because of the fault of Buyer or
by force majeure as set forth in Section 4.1, Buyer may cancel
its purchase of the Goods. All
transportation, shipping and handling charges shall be paid by
Buyer. Buyer bears all risk of loss
or damage to the Goods after the Goods have been received by
Buyer.
NB s c nhng n lc hp l giao hng cho NM vo hoc trc ngy 20-6-2011,
giao hng c
thc hin bng ng hng ko chuyn ti NM ti 1 a ch nht nh. Nu vic giao
hng ko dc thc
hin trong vng 45 ngy theo thi gian hng dc quy nh, khng phi do li
NM hoc do bt kh khng
dc quy nh theo mc 4.1, NM co th hy vic mua hng. V vn ti, giao
hng v bc d s do NM
chu. NM s chu mi ri ro v tn tht hay mt mt i vi hng ha sau khi NM
nhn hng.
1. Seller shall be responsible for and shall protect, defend,
indemnify and hold harmless Buyer from
and against any and all claims, liabilities, costs, damages and
expenses of every kind, with
respect to injury or death or damage to or loss of property of
any person employed by Seller
arising during and/or as a result of the performance of this
Contract.
NB s chu trch nhim, bo v, bi thng, khng lm phng hi n NM i vi bt
c khiu
ni, trch nhim php l, chi ph, tin bi thng v mi chi ph lin quan ti
thng vong, cht
hoc tn tht, mt mt i vi bt c ngi no do NB tuyn dng pht sinh trong
khi v/ hoc l
do vic thc hin HD.
2. Seller warrants that the design, equipment and goods supplied
under this Contract comply with
the stated specifications are free from defects in materials,
free from defects in workmanship, fit
and suitable for the purpose and use for which they are intended
as stated in this Contract.
NB bo m rng tht k, thit b v hang ha c cc theo HD ny tun theo quy
cch dc
quy nh khng c khim khuyt v NVL, trnh tay ngh, ph hp vi mc ch v
vic s
dng dc quy nh trong HD.
-
3. Late Payments: Any amounts payable by Buyer hereunder which
remain unpaid after the due
date shall be subject to a late charge equal to 1.5% per month
from the due date until such
amount is paid.
TT chm : bt c khon tin m NM phi tr di y m cha dc TT sau ngy o hn
s tun
theo mc ph tr chm tng ng mc 1,5 % / thng tnh t ngy o hn n khi
khon tin
c TT.
1. Bt c khon cc ph vn ti mi, hoc b sung hoc tng ln, cc khon ph
ph, thu, thu hi
quan, nhng khon ph khc do chnh ph nh thu hoc ph bo him, nhng
khon c th pht sinh
cho Ngi bn lin quan n hng ha sau khi k kt Hp ng ny, th s tnh tin
vi Ngi mua v
c Ngi mua hon tr li cho Ngi bn khi c yu cu.
=> Any new, additional or increased freight rates,
surcharges, taxes, customs duties, other charges
levied by the government or insurance premiums, which may be
incurred by SELLER with respect to
the Goods after the conclusion of this Contract, shall be for
BUYERs account and reimbursed to
SELLER by BUYER on demand.
2. Thanh ton cho ho n thng mi c thc hin vo hoc trc ngy th ba mi
sau khi nhn
c hp ng. Nu ngy th ba mi ri vo ch nht hoc ngy l, ngy lm vic tip
theo s c
coi l ngy o hn thanh ton. Khch hng c th t chi thanh ton i vi cc
hng mc ang tranh
chp cho n khi tranh chp c gii quyt theo tho thun. Vic khch hng
thanh ton khng lm
mt i quyn khiu kin ca khch hng v bt k mc no c lp ha n sau
ny.
=> Payments of commercial invoiced items shall be made on or
before the thirtieth (30th) day after
receipt thereof. If the thirtieth (30th) day falls on a Sunday
or an announced public holiday, the next
working day shall be deemed to be the due day for payment.
Payments in respect of disputed items may
be withheld by Buyer until the settlement of the dispute by
mutual agreement. Payments made by
Buyer shall not exclude the right of Buyer to thereafter dispute
any of the items invoiced.
3. Theo quy nh ti iu khon ny, ngha v ca ngi bn s bao gm nhng
khng hn ch vic
xin giy php XNK, lm th tc thng quan hng ha cho nguyn vt liu,
thit b, tu, linh kin, ph
tng v cung cp cc chng t cn thit cho vic xin giy php v lm th tc
thng quan.
=> Seller's obligations under this Article shall include,
without limitation, obtaining all necessary or
appropriate import and export licenses and Customs clearances
for materials, tools, vessel, parts and
spares, and equipment and providing all documentation in support
of such licenses and clearance
4. Ngi bn s giao chuyn hng u tin trong vng 30 ngy k t ngy Ngi bn
nhn c thng
bo v mt th tn dng khng hy ngang c pht hnh cho anh ta hng li. Tt
c cc chi ph
v L/C Singapore do Ngi bn chu. Tt c chi ph v sa i L/C (nu c) do
Ngi mua chu.
-
=> SELLER shall make the first shipment within 30 days from
the date SELLER receives notification
of an Irrevocable L/C which has been issued in his favour. All
costs of L/C in Singapore shall be for
SELLERs account. All L/C amendments costs (if any) shall be for
BUYERs account.
Translate into Vietnamese
Ngi bn c ngha v giao nhng hng ha c ghi trong hp ng ny vo trc hoc
trong khong thi gian nu trong hp ng ny ty thuc vo s sn sng ca tu v
khoang tu.
The obligations of Seller to ship the goods specified in this
Contract by the time or within the period specified in this
contract shall be subject to the availability of the vessel or the
vessels space.
Nh sn xut phi chu pht trong nhng trng hp c coi l vi phm H sau y:
giao hang thiu s khng b pht. trong trng hp ny ngi mua c quyn i gim
gi H tng ng vi khon chnh lch gia s hang thc giao v s hang nh SX c
trch nhim phi giao/l ra phi giao.
The Manufacturer shall be liable to pay penalty in the following
cases specified as breach of contract: In the event of shortage of
quantity no penalty shall be due. In this case, the Buyer
shall be entitled to a reduction of the Contract Price equalling
the difference between the goods
delivered and the goods the Manufacturer was liable to
deliver.
-
Translate into English
1. Hp ng ny s c hiu lc sau khi hai bn k kt, vo ngy nhn c ph chun
cn thit cui cng t cc nh chc trch c thm quyn nc ngi bn v ngi mua. Nu
hp ng khng c hiu lc trong vng 90 ngy k t ngy k kt, n s tr nn v
hiu.
the contract shall be come into force after execution by both
parties on the date of the last
necessary approval by the competent authorities in the country
of the seller and the buyer. If the
contract has not come into force within 90 days of execution, it
shall become null and void
2. Hng c giao theo iu kin Giao hng ti xng. Khch hng s chu mi ri
ro v trch nhim i vi hng ha. Bt c s thiu hng, tn tht, mt mt phi c
ngi chuyn ch bo ngay khi nhn hng. Theo nhu cu c th, qu v c th yu cu
ngi chuyn ch nhn hng hoc yu cu chng ti nhn hng. S la chn ca qu v
phi c thng bo kp thi cho chng ti The goods are delivered EXWS. The
goods travel at the clients ricks and responsibility. Any shortage,
damage or loss must be signaled upon/at the moment of collection by
the carrier. Based on
specific needs, you may ask the carrier to collect the goods or
delegate us to do this. Your option shall
be due informed to us
5. Hng s c ng trong cc thng g mi, chc chn, ph hp vi vic bc vc v
vn chuyn bng ng bin v s c bo v tt, chng kh nng b m, va p, g hay vn
chuyn mnh. Ngi bn phi chu bt k h hi hay mt mt no xy ra i vi hng ha
m nguyn nhn l do li bao b. Goods shall be packed in strong new
wooden cases, suitable for portage and sea transportation
and well-protected against moisture/ damp, shock, rust or rough
handling. The seller shall be liable for
any damage to or loss of the good due to improper or defective
packing
6. Trn b mt mi kin giao theo hp ng ny s phi c k m hiu : s kin,
kch thc ca mi kin, trng lng c b, trng lng tnh, v tr nng nhc, s L/C
v nhng cu ch: chiu ny ln, xin nh tay, ch kh ro v k hiu
DHD/2012.
On the surface of each package delivered under this contract
shall be marked: the package number,
the measurements of the package, gross weight, net weight, the
lifting position, the number of L/C
and the words: RIGHT SIDE UP, HANDLE WITH CARE, KEEP DRY and the
mark DHD/2012.
Remember: keep frozen, do not freeze, do not turnover, catch
fire(hng d chy, sling here( mc y), do not drop, do not stack( khng
xp chng ln nhau), fragile, use no hooks
8. Ngi Bn s phi thng bo bng e-mail/th tay/fax ti Ngi Mua m s hp
ng, tn hng, s lng, gi tr ha n, trng lng c b, tn tu vn chuyn v ngy
khi hnh trong vng hai ngy t k t khi hon thnh vic bc hng. the seller
shall send by email/ letter/fax advising the buyer of the contract
number, the
commodity ,the quantity, the invoice value, gross weight, the
name of vessel and its sailing date within
2 days after completion of loading
-
11. Tc xp hng: 800 MT mi ngy lm vic lin tc 24h thi tit cho php
lm vic , ch nht, ngy ngh c tr ra thm ch nu c s dng, trn c s c t nht
t 4 n 5 hm tu/hm hng lm vic bnh thng v tt c cc cn cu sn sng trong
trng thi tt. Loading rate: 800MT per weather working day of 24
consecutive hours, Sundays and holidays
excepted, even if used, based on the use of at least 4 to 5
normal working hatches/ holds and all cranes
available in good condition.
13. Mt bn khng th thc hin cc ngha v theo hp ng ny s ngay lp tc
phi thng bo cho bn kia thi gian bt u v kt thc nhng s vic ngn cn vic
thc hin ngha v ca mnh.
A party unable to meet/perform its obligations under this
contract shall immediately advise the
other party of the time of commencement and termination of the
circumstance preventing the
performance
14. Nu vic giao hng khng c thc hin trong vng mt thng k t ngy
giao hng c tha thun, th NB s phi tr cho NM 0.1% gi tr ca hp ng.
If delivery is not effected within 1 month from agreed date of
delivery, the the seller shall pay
the buyer 0,1% of price contract.
15. Nu NB khng giao hng vo ngy n nh, NB s phi chu mt khon tin
pht cho khong thi gian giao hng chm cho n khi vic giao hng c hon
tt. Khon tin pht s l 2 % cho tun th nht giao chm hoc bt c ngy no
trong tun .
If the seller fails to deliver the goods at the fixed date, the
fine shall be imposed upon him for
period of delay until delivery is completed. The fine shall be
2% for fist week( of delay) or any part of it
16. Nu tu do NM ch nh khng cp cng vo ngy hoc trc ngy giao hng
tha thun th NB s c ton quyn giao hng n kho ngoi quan ti cng, v s c
xem nh hon thnh ngha v giao hng ca mnh theo H ny.
If the vessel named by the seller fails to arrive on or before
the agreed delivery date, the seller
may, at his discretion, deliver the goods to a bonded warehouse
in the port, and shall be deemed to
have fulfilled his delivery obligations under this contract
Translate into Vietnamese
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1. In the event that you do not agree with the terms and
conditions or if you feel unable to comply
with any of the terms and conditions, please arrange an
amendment of the credit through your
contracting party (the applicant for the credit).
Trong trng hp bn khng ng vi cc iu khon v iu kin hoc nu bn cm
thy khng th tun theo bt k iu khon v iu kin, th hy sp xp mt sa i
tn dng
thng qua cc bn tham gia hp ng ca bn (ngi xin m tn dng).
2. The Sellers total liability for all claims for damages made
against him by the Buyer under this
Contract or otherwise shall not exceed 10% of the Contract
price.
Tng trch nhim ca ngi bn i vi tt c cc khiu ni v tn tht m ngi mua
i
ngi bn theo Hp ng ny hoc theo cch khc s khng c vt qu 10% gi tr
ca
hp ng.
3. All income taxes, value added taxes, customs duties, excise
charges, stamp duties or other fees
levied by any government, governmental agency or similar
authority shall be borne exclusively
by the party against whom they are levied.
Tt c cc loi thu thu nhp, thu gi tr gia tng, thu hi quan, thu tiu
th c bit, thu
trc b v cc l ph khc c nh thu bi bt k chnh ph, c quan chnh ph hoc
c
quan chc nng tng t s do bn b nh thu chu mt mnh.
4. In the event that the government of the Buyers country levies
income taxes or value added taxes
against the Seller, then the Buyer shall compensate and hold
harmless the Seller against such
levies.
Trong trng hp chnh ph ca nc ngi mua nh thu thu nhp hoc thu gi tr
gia tng i vi ngi bn, th ngi mua phi bi hon khng bt ngi bn phi chu
cc khon thu y.
5. Payment shall be made by means of an irrevocable, confirmed
letter of credit. The Buyer shall
open the letter of credit on or before 8th March 20.. on the
terms agreed by the parties and
annexed to this Contract as Appendix 1.
Thanh ton c thc hin bng th tn dng khng th thu hi, c xc nhn. Bn
mua s
m th tn dng vo hoc trc ngy 08 thng ba 20 .. trn cc iu khon c
tha
thun bi cc bn v c nh km vo hp ng ny nh Ph lc 1.
6. This Contract shall not come into force under Clause 16 below
until the Seller has received
advice that the letter of credit has been opened in his favor
and has ascertained that the terms are
in accordance with those agreed between the parties.
Hp ng ny khng c hiu lc theo iu khon 16 di y cho n khi ngi bn
nhn
c thng bo rng th tn dng c m cho ngi bn c hng li v ngi bn
bit chc chn rng cc iu khon l ph hp vi nhng tha thun gia cc
bn.
-
7. Payments in respect of disputed items may be withheld by
Buyer until the settlement of the
dispute by mutual agreement. Payment made by Buyer shall not
exclude the right of Buyer to
thereafter dispute any of the items invoiced.
Thanh ton cc mt hng c tranh chp c th b ngui mua t chi cho n khi
vic gii
quyt tranh chp c 2 bn nht tr. Vic thanh ton ca ngi mua khng loi
tr quyn
khiu ni ca ngi mua sau vi nhng hng ha tranh chp c ghi trong ha
n.
8. All books of account and other financial documents shall be
inspected periodically if so
requested by either Party. Full accounts may be audited upon the
completion of the Work in
accordance with the Laws of Vietnam if so required by competent
authorities or either Party.
Tt c cc s sch k ton v cc chng t ti chnh khc phi c kim tra nh k
nu 1
trong 2 bn yu cu. Ton b s sch k ton c th oc kim ton khi hon thnh
cng
vic nhng ( vic kim ton) phi ph hp vi lut php VN nu c quan c thm
quyn
hoc 1 trong 2 bn yu cu.
9. Any dispute regarding the Joint Ventures financial matters
shall be settled by the said auditors
who in settling the matter shall act as an expert and not as
arbitrators, unless otherwise agreed by
Parties in writing.
Mi tranh chp lin quan n cc vn ti chnh ca lin doanh s c gii quyt
bi
kim ton vin oc nhc ti trn nhng ngi gii quyt vn s ng vai tr l
mt
chuyn gia khng phi l trng ti, tr trng hp 2 bn c tho thun khc bng
vn bn.
10. If the Principal fails to settle the payment within the
period as agreed upon, except for any
amount/invoice in disputes, then it shall be liable to pay to
the Consultant an interest on the
amount overdue from the due date until the actual date of
payment on the basis of the interest
rate applicable to the Vietnam dong published by the State Bank
of Vietnam at the time of
payment.
Nu bn thu t vn khng thanh ton trong khong thi gian nh tho thun,
tr khon
tin / ha n b tranh chp, th bn thu t vn s c trch nhim tr cho bn t
vn 1
khon li sut trn s tin qu hn t ngy dn hn cho n ngy thc s thanh
ton vi li
sut p dng cho ng VN do NHNN VN ban hnh vo thi im thanh ton
11. All banking charges outside Vietnam are for the Sellers
account and all banking charges inside
Vietnam are for the Buyers account. Charges for amendment, if
any, are for account of Party
who requests it unless L/C is not opened in accordance with this
Contract.
Mi khon ph ngn hng bn ngoi Vit Nam do ngi bn chu v mi khon ph
ngn
hng trong Vit Nam do ngi mua chu. Chi ph cho vic sa i L/C, nu c,
s do bn yu
cua sa i chu tr khi L/C oc m khng ph hp vi H ny .
12. If Buyer fails to make any due payment, to establish a
letter of credit or otherwise to perform its
obligations hereunder, Seller may demand that Buyer provide,
within a reasonable time,
-
adequate assurance satisfactory to Seller of the due performance
of this Contract and may
withhold shipment or delivery of the undelivered Goods until
such assurance is given.
( provide SB of ST)
Nu bn mua khng thc hin bt k vic thanh ton ng hn, khng me L/C hay
khng
thc hin ngha v ca mnh theo hp ng ny, ngi bn c th yu cu ngi mua,
trong
khong thi gian hp l, a ra nhng m bo tha mn vi ngi bn v vic thc
hin
ng H ny v ngi bn c th ngng chuyn hoc giao nhng mt hng cha giao
cho
n khi nhn c s m bo t pha ngi mua .
13. In the event that CLIENT disputes any items on a particular
invoice CLIENT shall only be entitled to withhold from payment the
actual amount in dispute. If CLIENT disputes any items
on an invoice, CLIENT shall inform CONTRACTOR of the disputed
item within thirty (30)
days of the receipt by CLIENT of that particular invoice.
Trong trng hp KHCH HNG khiu ni bt k mt hng no trn ha n th KHCH
HNG s ch c quyn ngng thanh ton nhng khon tin cn tranh chp. Nu Khch
hang khiu ni bt k mc no trn ha n, KH s thong bo cho nh thu v nhng
mc khiu ni tgn vng 30 ngy kt t ngy Kh nhn c ha n
14. As a condition precedent to making any payments to
CONTRACTOR, CONTRACTOR shall, if requested by CLIENT provide
satisfactory evidence that the payment for all labour,
materials,
equipment and other obligations arising out of the performance
of this CONTRACT have been
fully specified and discharged.
iu kin tin quyt thc hin bt k vic thanh ton no cho nh thu l nh
THU s phi cung cp cho KH ,nu c yu cu, cc bng chng tha mn v vic
thanh ton cho lao ng, NVL, Tb v cc ngha v khc pht sinh t vic thc
hin HD ny, oc ch r v thanh ton
15. All invoices claimed by CONTRACTOR shall be itemized as
being directly associated with the CONTRACT and shall be verified
and signed by the authorized signatory designated in
ARTICLE 18.0 prior to submission to CLIENT for payment.
Invoicing for WORKS performed
shall be kept current at all times
Tt c cc ho n m nh thu khiu ni s phi c k thnh tng mc ph hp vi Qnh
ca H ny v s phi c xc nhn v k bi ngi c y quyn theo mc 18 trc khi
trnh chi KH thanh ton. Hn cho cc cng vic oc thc hin s phi c cp
nht
Translate into English
1. Vic thanh ton s c coi l c thc hin ch khi s tin theo hp ng c
tr vo ti
khon ngn hng ca Ngi Bn - NB v NB c ton quyn s dng.
Payment shall be deemed to have been made only when the contract
sum is paid into the sellers bank account and at the sellers full
disposal
-
2. Nu vic thanh ton bt c s tin phi tr no b tr hon, NB s c quyn
nhn tin li trn s
tin cha tr trong khong thi gian tr hon . Tin li s tnh t l theo
nm, cao hn t l
chit khu ca Ngn hng Trung ng nc NB 3%.
If payment of any sum payable is delayed, NB shall be entitle to
receive interest on the amount
unpaid during the period of delay. The interest shall be at an
annual rate three percentage points
above the discount rate of the central bank in the sellers
country. 3. Ngi mua- NM, trn c s nhn c Xc nhn n t hng t NB, s m mt
th tn dng
khng hy ngang,c xc nhn, t nht 20 ngy trc ngy giao hng. Th tn dng
ny tun theo
Quy tc thng nht v thc hnh Tn dng chng t, bn sa i nm 1993, n phm
s 500 ca
ICC.
The seller, on receipt of confirmation of order from the buyer,
shall open irrevocable, confirmed
L/C, at least 20 days before date of delivery. This L/C shall be
subject to uniform customs and
practice for Documentary Credits, 1993 Revision, ICC publication
No.500
4. Vi mi tun chm tr, NB s tr 1% gi tr hp ng, ti a l 10% gi tr hp
ng.
For each week of delay, The seller shall pay 1% of the contract
price, up to a maximum of 10% of the
contract price
5. Bt c s sai khc no gia iu khon thng nht gia cc bn v th tn dng
nh pht
hnh s c NB thng bo cho NM ngay lp tc.
Any discrepancy between terms agreed by the parties and the L/C
as issued shall be immediately
notified to the buyer by the seller
6. Vic thanh ton cho nhng mt hng theo ha n thng mi s c thc hin
vo hoc trc
ngy th 30 sau khi nhn c hng. Nu ngy th 30 ri vo mt ngy ch nht
hoc mt ngy
ngh l c cng b th ngy lm vic tip theo s c coi nh l ngy n hn thanh
ton
Payment of items on commercial invoice shall be made on or
before 30th after receipt of the good. If the
30th day falls in Sunday or announced public holiday , then the
next working day shall be deemed to be
due day/ date for payment
7. 20% gi tr th tn dng s c thanh ton trn c s hi phiu ca NB i km
vi ha n;
80% cn li s c thanh ton trn c s hi phiu ca NB km vi chng t vn
ti.
20% of the credit shall be available against sellers draft
accompanied by invoice; the remaining 80% shall be available
against sellers draft accompanied by shipping documents
8. Tt c cc khon thanh ton s c Bn thu t vn tr vo ti khon ng Vit
Nam ca Bn t vn tr khi cc bn c tha thun chung khc
All payments shall be made by the principal to the consultant
bank account in VN dongs, unless otherwise mutually agreed by the
parties
9. Vic xut trnh nhng chng t sau y cho Ngn hng Ngoi Thng VN s c
thanh ton trong vng 3-5 ngy lm vic ca ngn hng sau khi nhn c in tn
ca Vietcombank xc nhn rng cc chng t c kim tra tun th vi cc iu khon
cua Th Tn dng.
Presentation of the following documents to the bank for Foreign
bank of VN is payable with 3-5
banking days after receipt of telex from Vietcombank certifying
that the documents have been
checked in conformity with the L/C
-
10. Khch hng c quyn li thanh ton nu nh c bt k ha n no ca Nh thu
khng bao gm cc chng t chng minh i km m Khch hng yu cu.
The Client shall be entitled to withhold payment if any invoicse
of the contractor do not include the
supporting documents required by the client
11. Trong trng hp NM khng m Th tn dng trong vng 4 ngy k t ngy
nhn c xc nhn t NH Vietcombank, NB s thu hi Giy Bo lnh thc hin H t
Vietcombank v H s t ng c hy.
In the event that the buyer fails to open an L/C within 4 days
after receiving confirmation from VCB,
the buyer shall collect performance bond from VCB and then the
contract is automatically cancelled
12. NB s c thanh ton bng Th tn dng khng hy ngang c m bi
Vietcombank H Ni v c thng bo cho NB qua NH Indosuez Singapore, c
thanh ton ngay khi xut trnh ln u tin chn b chng t vn ti.
The seller shall be paid by irrevocable L/C opened by VCB HNoi
and advised to the buyer through
Indosuez bank in Singapore, payable at sight against first
presentation of full set of shipping
documents
13. Cc ha n s phi ghi r s Hp ng v tiu v c gi 1 bn gc v mt bn sao
y cc chng t cn thit m Khch hng yu cu v gi ti a ch..
Invoices shall indicate the contract number and title and shall
be submitted in 1 original and 1
copy with the necessary documents required by the client and
shall be addressed to . 14. Nu vic thanh ton cho hng ha c tin hnh
bng th tn dng, NM s m cho NB hng
mt th tn dng khng hy ngang qua mt ngn hng hng nht c uy tn quc t
ngay sau k kt hp ng ny theo hnh thc v cc iu khon tha mn i vi Ngi
bn.
If payment for the goods is made by a L/C, the buyer shall open
in favour of the seller an
irrevocable L/C through a prime/first-class internationally
recognized bank after execution of this
contract in a form and under/on terms satisfactory to the
seller.
Tt c cc s sch k ton v nhng chng t ti chnh s c kim tra nh k nu c
mt
trong hai bn yu cu. Cc ti khon y c th c kim ton trn c s hon thnh
cng
trnh tun theo php lut ca Vietnam nu c cc nh chc trch yu cu hoc
mt bn yu
cu.
All books of accounts and other financial documents shall be
inspected periodically if so
requested by either Party. Full accounts may be audited upon the
completion of the Work in
accordance with the Laws of Vietnam if so required by competent
authorities or either Party.
Nu Ngi mua khng thanh ton cho hng ha theo Hp ng, Ngi mua s phi
tr Ngi
bn mt khon li sut qu hn nh l bi thng thit hi, ch khng phi mt
khon pht, tnh
theo t l thp hn 18%/nm hoc t l li sut ti a theo lut ca nc Ngi
mua, tnh t
ngy n hn tr tin cho ti ngy thc tr trn c s 360 ngy/nm cho s ngy
qu hn.
If BUYER fails to pay for the contracted Goods, BUYER shall pay
SELLER liquidated
damages but not a penalty for overdue interest at the rate of
the lower of 18% per annum or the
maximum interest rate permitted by the law of BUYERs country,
calculated from the due
-
payment date until the actual payment date on 360-day-a-year
basis for the actual number of
days elapsed