SALES AND PURCHASE CONTRACT
Date: OCT., 28th 2010
Contract No.: 281010/PH-UPS
Between:
PHUC HA COMPANY LIMITED
Address: Block 2-4-5 Thang Long South Industrial Zone, ThuyPhuongVillage,
Tu Liem District, Hanoi, Vietnam
Tel: 84-4-3752-2640Fax: 84-4-3752-2620
(Herein after called the Seller)
And
…………………………………………
(Herein after called the Buyer)
It has been mutually agreed to sale and purchase of Polypropylene Random (PPR) pipes and fittings on the terms and conditions as follows:
Article 1: Description-Quantity-Price
- As per the appendix No.DK /281010/PAX
- The price is F.O.B Hai Phong port, Viet Nam (Incoterm 2000)
Article 2: Specification of Goods
The goods PPR pipe and fittings “DEKKO 25” shall be made from Polypropylene Random Type 3 according to the catalogue published in 2007, with the quality according to Germany Standard DIN 8077-8078
The goods is made in Vietnam
Article 3: Packing
- Packing: The goods shall be packed in PE bags and cartons.
- Marking: Export Standards marking
Article 4: Shipment
-Time of shipment: within 15 days after receipt P/O
-Partial shipment: not allowed
-Transshipment: to be allowed
-Port of Loading: HaiPhong port
-Port of Discharging: Bangkok, Thailand
Article 5: Origin: Viet Nam
Article 6: Payment
- The seller will be paid by T/Tpayment 100% the contract value in favour of Phuc Ha Co., Ltd:
Beneficiary: PhucHa Co., Ltd
Bank: Joint stock commercial bank for foreign trade of Viet Nam Operation Centre
Address: 31-33 Ngo Quyen, Hoan Kiem District, Ha Noi, Viet Nam
Account number: 000111370440822
Swift code: BFTVVNVX001
- Payment time: Within 15 days from B/L dateagainst the following documents:
+ Signed commercial invoice in 02 (two) originals
+ Clean “Shipped on Board” Ocean Bill of Lading in complete set of at least 02 (two) originals
+ Packing list in 02 (two) originals
+ Certificate of Origin issued by the Seller in 02 (two) originals
+ Certificate of Quality, Origin Quantity/ Weight issued by the Seller in 02 (two) originals
- Above shipping documents will be sent the Buyer within 10 days from B/L date
- All the bank charge within Thailand territory shall be at the Buyer’s account
*Spelling mistakes and minor mistakes (except the price) on the shipping documents are acceptable
Article 7: Insurance
Covered by the Buyer
Article 8: Arbitration
All disputes and differences which may arise out of the present contract or in connection with it shall be settled, if possible, in amicable way. In the event that it is not possible to settle them in an amicable way, the parties shall refer the matter to the international ArbitrationCenter in Thailand beside the Thailand Chamber of Commerce and Industry. The decision of Arbitration shall be final and binding upon both parties
Article 9: Force Majeure
If either party is prevented from or delayed in, performing any duty under this Contract by an event beyond his control, then this event shall be deemed force majeure, and this party shall not considered in default and no remedy, be it under this Contract or otherwise, shall be available to the other party
The events of force majeure include, but not limited to: war (whether war is declared or not), riots, insurrections, acts of sabotage, or similar occurrences, strikes or other labour unrest; newly introduced laws of Government regulations; delay due to Government action or inaction of any inspection agency; fire, explosion, or other unavoidable accidents, flood, storm, earthquake, or other abnormal natural event.
Article 10: Others
Any amendment of the terms and conditions of this contract must be agreed by both parties in writing.
This contract is to be written down in English languages.
This contract comes into effect when it has full two signatures and stamp of both parties
FOR THE SELLERFOR THE BUYER