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How to write an import and export contract

How to write a foreign trade import and export contract? From what aspects should I write, let’s take a look at the editor’s sharing today.

The main contents of the foreign trade import and export contract include: 1. Basic identity information of Party A and Party B; 2. Brief introduction to the basic situation of foreign trade; 3. Contract period and acceptance criteria of the subject matter: 4. Amount of the subject matter and Payment method; 5. Indicate other fees; 6. Rights and responsibilities of both parties; 7. Breach of contract clauses; 8. Dispute resolution method; 9. Method of contract effectiveness.

Foreign Trade Import and Export Contract Part 1

Party A:

Party B:

Both parties agree to sign this contract in accordance with the following terms.

Article 1 Definition

1.1 Products: The "products" referred to in this contract refer to the (product name) manufactured by Party A and sold under its trademark and sold by both parties at any time. Other goods agreed in writing.

1.2 Region: The "region" referred to in this contract refers to _________ country________.

1.3 Trademark: The "trademark" referred to in this contract refers to (trademark Full name)________.

Article 2 Appointment and Legal Relationship

2.1 Appointment: During the validity period of this contract, Party A appoints Party B as its agent to obtain "Products" in the "Region" "order. Party B is willing to accept and undertake this entrustment.

2.2 Legal relationship: The rights and powers given to Party B in this contract are limited to those given to general agents. This contract does not create any other relationships, or give Party B the right to represent Party A or subject Party A to any No rights are bound by any other contract. In particular, this contract does not constitute or appoint Party B as Party A’s representative, employee or partner. Both parties expressly understand and agree that under any circumstances, Party A will not be liable for any losses that Party B may suffer, whether in part or in full.

2.3 Instructions: Party B shall strictly abide by the instructions issued by Party A at any time. Party B shall try to protect Party A's interests and compensate Party A for any losses caused by any claims, debts and liabilities caused by Party B exceeding or violating Party A's instructions.

Article 3 Responsibilities of Party A

3.1 Advertising materials: The Chinese Party shall provide Party B with a reasonable number of "product" samples, samples, price lists, and advertising materials based on actual costs. Brochures and other supporting materials related to the promotion of "Products".

3.2 Payment promotion: Party A shall try its best to support Party B in promoting the "products"; Party A shall not take the initiative to make offers to other customers in the "region" where Party B acts as agent.

3.3 Referral customers: Unless otherwise provided in this contract, if other customers in the "region" directly inquire or order from Party A, Party A shall refer the customer to Party B for contact.

3.4 Price: Party A provides Party B’s “product” price information, which should be kept as stable as possible. If there is any change, Party B should be notified in a timely manner to facilitate sales.

3.5 Preferential terms: The terms Party A provides to Party B for obtaining the order are favorable. In the future, if Party A sells "products" to other customers in the "region" and provides more favorable conditions than this contract, Party A shall immediately notify Party B in writing and provide Party B with more favorable conditions than this contract.

3.6 Guarantee: Party A guarantees that if the "products" sold under this contract are proven to be of poor quality at the time of sale and approved by Party A, Party A shall repair or replace them free of charge. However, this guarantee of free repair or replacement is limited to the fact that the "product" has not been altered or used incorrectly after sale. In addition to the above guarantees, both Party A and Party B agree not to provide any other guarantees.

Article 4 Responsibilities of Party B

4.1 Promotion: Party B shall actively promote the promotion of the "product", obtain orders, and maintain a sales organization with considerable scale and sufficient capabilities to Facilitate the smooth development and expansion of the business of "products" in "regions".

4.2 Prohibition of competition: Except with the written consent of Party A, Party B shall not manufacture, purchase, obtain orders, or assist in the promotion of goods from other countries that are the same or similar to the "products" of this contract, or use this contract to The "products" within are resold to other countries and regions.

4.3 Minimum sales volume: During the first twelve months of the validity period of this contract, the total amount of "product" orders obtained by Party B from customers in the "region" shall not be less than _________ yuan . There will be an increase of 15% every twelve months thereafter.

4.4 Expenses: During the validity period of this contract, Party B shall bear all costs of promoting and obtaining orders for "products" in the "region", such as telegraph fees, travel expenses and other expenses, unless otherwise provided in this contract. .

4.5 "Product" price and conditions: Party B guarantees to promote the products in accordance with the prices and conditions stipulated by Party A at any time during the validity period of this contract. When obtaining an order, Party B shall fully inform the customer that some terms in Party A's sales confirmation or contract and any order must be confirmed and accepted by Party B before it is valid. "Product" orders received by Party B shall be immediately forwarded to Party A for confirmation or rejection.

4.6 Supervise performance: Party B should urge the buyer to perform the contract strictly in accordance with the terms of the sales confirmation or contract, such as opening a letter of credit in a timely manner, etc.

4.7 Market situation report: Party B shall be responsible for providing Party A with written market reports on the "product" every month (or quarterly), including the sales situation, price, packaging and promotion of similar products on the market. methods, advertising materials, customer responses and opinions, etc. If there are major changes in the market conditions, Party B shall promptly notify Party A by telegram.

Article 5 Commission

5.1 Commission rate and payment method: For any order obtained by Party B and confirmed by Party A, Party A will pay the commission after receiving the full payment for each transaction. Party B shall be paid _________% commission based on the net invoice selling price. For settlement convenience, commissions are remitted monthly (quarterly). If there is a return, Party B shall return the relevant commission to Party A.

5.2 Calculation basis: The above "invoice net selling price" is the total amount (or gross selling price) on the "product" invoice issued by the Party A minus the following fees, but these fees are To the extent that they are included in the gross selling price:

(1) Duties and excise taxes,

(2) Packaging, freight and insurance,

(3) Commercial discounts and quantity discounts,

(4) Payment for returned goods,

(5) Deferred payment interest,

(6) Party B’s commission .

5.3 Business directly transacted by Party A: Customers in Party B’s “region” who, although already aware of the trade relationship between Party A and Party B, or have been referred to Party B by Party A, still insist on direct transactions with Party A, Then Party A has the right to conclude the transaction, retain _________% commission with Party B, and treat this transaction as part of the minimum sales volume in Section 4.3 of this contract.

If customers from Party B's "region" reach a transaction of "products" with Party A during their visit to China (including participating in various trade fairs held in China), and the destination port is Party B's agent for the "region", Party A has the right to accept its order, but does not retain commission for Party B, nor does it count towards the above minimum sales.

5.4 Excess commission: If Party B actively promotes the "product" during the validity period of this contract and exceeds the annual minimum sales (calculated based on the actual shipment amount), Party A will pay the prescribed commission for the excess part. , Party B shall pay an additional bonus commission: (1) When the excess is fifty percent, the bonus commission is _________%; (2) When the surplus is one hundred percent or more, the bonus commission is _________%. The incentive commission will be settled by Party A and remitted to Party B in one lump sum at the end of the year.

Article 6 Contract Validity Period

This contract is valid for _________ years and will automatically expire upon expiration. If both parties agree to extend this contract, either party shall notify the other party in writing _____________ days before the expiration for mutual confirmation.

Article 7 Termination of Contract

7.1 Termination: Both parties to the contract shall implement all terms seriously and responsibly. Under the following conditions, each party may immediately terminate this contract or cancel any part thereof by notifying the other party in writing:

(1) If one party fails to perform any of its obligations under this contract, and the breach of contract shall be Failure to make corrections within ________ days after receiving a written notice requesting correction from the other party;

(2) If one party voluntarily or is forced to apply for declaration of bankruptcy, voluntarily or is forced to apply for reorganization, liquidation, or dissolution , or appoint an industry manager to the party;

(3) If there is a violation of the trademark use or registration in Article 8 of this contract;

(4) If this happens Article 9 of the contract is a force majeure event, when one party is still unable to perform its obligations after _________ days.

7.2 Effects of termination: The termination of this contract will not relieve any debts incurred but unsettled by both parties in accordance with the provisions of this contract. For any losses suffered by the other party due to a breach of contract by one party before the termination of the contract, the other party still has the right to make a claim and shall not be affected by the termination of this contract.

Party B hereby declares that Party B waives any claim for compensation or claim for damages caused by the termination of this contract, but the commission due from Party A to Party B before the termination of this contract shall still be paid.

Article 8 Trademarks

The trademarks, patterns, and other marks currently owned and used by Party A are the property rights of Party A. Without the specific written consent of Party A, Party B shall May not be used or registered, directly or indirectly, in whole or in part. Even if Party A specifically agrees in writing to Party B to use it in a certain way, such use shall immediately cease and be canceled when this contract expires or is terminated.

Concerning the above rights, if any dispute or claim occurs, Party A has the right to immediately and unilaterally cancel this contract and does not assume any liability arising therefrom.

Article 9 Force Majeure

If either party directly or indirectly causes any delay or is unable to perform all or part of the terms of this contract due to force majeure, the other party shall not make a claim. Require. Such reasons include: floods, fires, wind disasters, earthquakes, tsunamis, lightning strikes, epidemics, wars, blockades, embargoes, seizures, war threats, sanctions, power control, import or export bans, or other matters beyond the control of the parties. Similar reasons, or other special reasons agreed by both parties.

The relevant party shall notify the other party in writing within ________ days after the accident occurs, and provide supporting documents from relevant local agencies to prove the existence of the force majeure accident.

Article 10 Arbitration

All disputes arising from the contract or the execution of this contract shall be resolved through friendly negotiation between the parties. If the dispute cannot be resolved through negotiation, both parties agree to submit the dispute to the China International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitration rules. The arbitration award is final and binding on both parties. No party may apply to the court or other institutions for changes through litigation or other means. The arbitration fees shall be borne by the losing party. If the arbitration award stipulates otherwise, the stipulations shall apply.

Article 11 Transfer

No party to the contract may transfer any rights and obligations stipulated in this contract to a third party without obtaining the written consent of the other party. Any assignment without the express written consent of the other party will be void.

Article 12 Contract Effectiveness and Others

12.1 Effective Date: This contract will take effect immediately from the date of signature by both parties.

12.2 Unsatisfied matters: If there are unsatisfied matters that need to be supplemented or modified in this contract, it shall be submitted in writing and signed by duly authorized representatives of both parties before it can take effect.

12.3 Titles: The titles of the various terms of this contract are for convenience only and shall not limit or affect the essence of any term in the contract.

12.4 Entire Contract: This contract constitutes the entire contract and understanding between the parties regarding the subject matter of this contract. Except as expressly provided in this contract, any other previous conditions, representations or warranties regarding the subject matter of this contract, whether written or oral, shall not be binding on the parties.

12.5 Official text: This contract and its attachments are made in Chinese and English. Each text has two originals and two copies. After signing, both parties will have one copy each. Both versions are equally valid.

12.6 Government trade: This contract does not apply to trade between the two governments or transactions between the governments of Party A and Party B, nor does it apply to barter trade or bidding transactions.

Party A (seal): _________Party B (seal): _________

Representative (signature): ________ Representative (signature): _________

_________year____month____day_________year____month____day

Signing place: _________Signing place: _________

Foreign trade import and export contract Chapter 2

_______ Company (hereinafter referred to as the seller) and ________ Company (hereinafter referred to as the buyer) enter into a contract as follows:

Article 1 Contract

Seller Sell ??and buy goods. Goods shall comply with List No. 1 as determined in Article 4 below.

This list is an attachment to this contract and an integral part of this contract.

Article 2 Price and Total Contract Amount

The price of the goods specified in list no.1 is denominated in US dollars. The total amount of this contract is __________. The price of the goods includes all costs of ____, as well as the costs of packaging, marking, storage, shipping, and insurance prepaid outside the buyer's country.

Article 3 Delivery Period and Date

The goods shall be delivered from the company within 60 days after the seller’s bank notifies the confirmed valid letter of credit that matches the amount listed in Article 2. Ship to ________.

The seller has the right to supply goods in advance, and also has the right to supply goods once or several times depending on the situation.

Article 4 Product Quality

The quality and quantity of the product shall be determined by a written agreement between the buyer and the seller, and shall be specified in list no. 1 of the appendix to this contract. List no.1 is attached to this contract (see Article 1).

Article 5 Packaging and Marking

Commodity packaging should meet the prescribed standards and technical conditions to ensure that the goods are intact during transportation.

Each piece of goods should be marked with the following:

________name of arrival station;

_______seller’s name;

_______ Buyer's name;

________shipment number;

________gross weight;

________net weight: volume (expressed in cubic meters).

Article 6 Payment

The buyer shall issue an irrevocable, divisible and transferable follow-up payment with the seller as the beneficiary within 20 working days after the signing of this contract. Single letter of credit. The total amount of the letter of credit is specified in Article 2 of the contract, and its validity period is at least 80 days.

The letter of credit is issued and confirmed by a legally recognized ________ bank selected by the seller. Payment by letter of credit is made upon the seller submitting the following documents to the bank:

________ invoice in triplicate;

________ a complete set of transport bills in the name of the buyer;

________Packaging in triplicate;

________Copies of this contract;

_______All bank charges in the buyer’s country shall be borne by the buyer, and all charges outside the buyer’s country shall be borne by the buyer. borne by the seller.

Article 7 Handover of Goods

All goods shall be subject to necessary quantity and quality inspections by inspectors.

The inspector's conclusion is final and cannot be disputed by the buyer or seller.

The remaining part can be rejected and returned by the buyer. The buyer should keep the rejected goods separately and bear responsibility for them to facilitate possible inspection by the seller, suppliers and inspectors. If it is determined that the rejection is established, the responsibility for the goods is automatically transferred to the seller, who will decide how to handle the goods at his own discretion, and the storage fee for the goods will be paid by the supplier.

Article 8 Insurance

According to Article 2 above, _________ will insure the goods before they arrive at _________ port.

Article 9 Quality Assurance

The quality of the product should comply with list no.1. The buyer is under no obligation to accept goods that do not comply with listing no.1. The Buyer may return unaccepted goods without explanation or proof (see Article 10 below).

According to Article 10 below, the Seller shall replace all unaccepted goods within 30 days after receiving the Buyer's well-founded claim to ensure that the goods are delivered in full compliance with the provisions of this contract.

Article 10 Claims

When the goods arrive, the buyer has the right to make a claim against the seller for the quantity of the goods (see Article 7). Otherwise, the buyer accepts *** as specified in the contract. The quantity of goods determined by the inspector. The buyer may make a claim against the seller for substandard quality of the goods. All goods arriving if not rejected or returned in the appropriate manner are deemed to have been accepted by the Buyer.

Rejected goods returned with good reason will be deemed to be insufficiently supplied by the seller, and the buyer will be exempted from any objection to payment or compensation for the rejected goods. The inspector ultimately determines the quantity of merchandise to be rejected and returned for good reason.

Rejection of goods that do not exceed the limits determined by the inspector does not require proof of non-conformity of the goods within the prescribed period and on the basis of necessary The procedures shall be unconditionally acknowledged by the seller. The buyer's claim letter is sent to the seller by registered mail. Claims made in respect of a particular batch of goods shall not be grounds for the parties to refuse to accept and refuse to pay for other goods supplied in accordance with the provisions of this contract.

Article 11 Force Majeure

Force majeure occurs, that is, fire, natural disaster, blockade, prohibition of import and export and other force majeure situations of both parties to the contract that cause a party to the contract to be unable to fully or partially When performing contractual obligations, the performance of contractual obligations shall be postponed for the duration of the existence of force majeure and its consequences.

If the above situation and its consequences last for more than three months, either party has the right to refuse to perform its obligations under this contract. In this case, neither party shall be entitled to claim compensation for possible losses.

The party that is unable to perform its contractual obligations due to force majeure shall notify the other party of the occurrence and termination of the force majeure that hinders the performance of its obligations as soon as possible. A certificate issued by the relevant chamber of commerce of the seller or buyer's country is a necessary proof of the occurrence of the above force majeure circumstances.

Article 12 Penalties

If the goods arrival deadline stipulated in this contract is violated, the seller shall pay a penalty to the buyer. The amount of the penalty is as follows:

1. 1% of the total amount of the unpaid merchandise shall be paid for each overdue calendar week within the first three weeks;

2. shall be paid for each overdue calendar week thereafter. 2% of the total amount of unpaid merchandise, but the total fine cannot exceed 15% of the total amount of unpaid merchandise.

Article 13 Other Conditions

No party may transfer its rights and obligations under this contract to a third party without the written consent of the other party.

All modifications and supplementary opinions to the contract will only be effective if they are in writing and signed by both parties.

All fees and charges within the territory of the buyer's country, including customs fees and duties, and costs related to the conclusion and performance of this contract shall be borne by the buyer. Outside the territory of the buyer's country, they shall be borne by the seller.

This contract is written in two languages___________, and both texts have the same legal effect.

Article 14 Arbitration

All disputes and differences arising from or related to this contract shall be heard by international arbitration institutions.

Article 15 Legal addresses of both parties

Seller: ____________________________

Address: ____________Postcode______Telephone______

Buyer: ____________________________

Address: ____________Postcode______Phone______

Foreign Trade Import and Export Contract Part 3

Signing Place: ______________

Date: ____________________

Party A: ________Address: __________Tel: __________Fax____________

Party B: ________Address: __________Tel: __________Fax_ ___________

Based on the principle of equality and mutual benefit, ______________ Co., Ltd. and ______________ Co., Ltd. signed this contract through friendly negotiation.

1. Both parties promise: Party B will provide unpriced equipment in US$______ (Hong Kong dollars) to Party A for processing and production purposes (see equipment list for details). The property rights belong to Party B. The period of use is ______ years. During the supervision period, they may not be sold, exchanged, transferred, mortgaged or used for other purposes within the country without authorization. If the visa is not renewed after expiration, Party A will assist Party B in applying for customs approval. Party B provides the equipment free of charge. Party A does not need to pay foreign exchange for import, nor does it need to use processing fees or price differences to repay the equipment payment.

2. Party A purchases raw materials and auxiliary materials from Party B

3. The quantity and amount of finished products supplied by Party A to Party B

4. Party B supplies materials to_ ___________________ will be shipped to _________

Party A’s finished products will be shipped to ______________ before _______________ days

5. Transportation method and freight cost

_________________________________________________________< /p>

6. Insurance Premium Burden

____________________________________________________________

7. Payment Method

____________________________________________________________

8. Packaging Requirements< /p>

_____________________________________________________

9. Arbitration: Any dispute arising from the execution of this contract or all disputes related to this contract shall be resolved through friendly negotiation between the two parties. If the negotiation cannot be resolved, it shall be submitted to China The Council for the Promotion of International Trade conducts arbitration in accordance with its arbitration procedures. The arbitral award is final and binding on both parties.

10. This contract is made in eight parts, one part shall be held by each signing party, and the remaining six parts shall be submitted to the relevant departments for filing.

Party A (seal): __________________

Party B (seal): __________________

Foreign Trade Import and Export Contract Part 5

Foreign Trade ContractContract

No: No:

Date: Date:

Signing Place: Signedat:

Seller: Sellers:

Address: Address: Postal Code: PostalCode:

Telephone: Tel: Fax: Fax:

Buyer: Buyers:

Address: Address: Postal Code: PostalCode:

Tel: Tel: Fax: Fax:

The buyer and the seller agree to sell the goods according to the following terms, and the buyer purchases the following goods:

Thesellersagreestosellandthebuyeragreestobuytheundermentionedgoodsonthetermsandconditionsstatedbelow.

1Article No.

2Description&Specification

3Quantity

4UnitPrice

< p>5Total value:

Both quantity and total value are subject to _____% increase or decrease, determined by the seller, foreign trade export contract.

TotalAmount

With_____%moreorlessbothinamountandquantityallowedatthesellersoption.

6 Country of Origin and Manufacturer

7 Packing: Packing:

< p>8 Marks: ShippingMarks:

9 Shipping period: TimeofShipment:

10 Shipping port: PortofLoading:

11 Destination port: PortofDestination:

12 Insurance: _____ insurance shall be insured by the seller for 110% of the total invoice amount until _____.

Insurance: Tobeeffectedbybuyersfor110%offullinvoicevaluecovering_____upto_____only.

13 Payment terms:

The buyer must submit the confirmed amount on _____ month _____ day _____ year , an irrevocable, transferable and divisible letter of credit at sight is issued to the seller. The validity period of the L/C negotiation is extended to expire in China 15 days after the shipment date listed above. The L/C must indicate that sub-shipping and transshipment are allowed.

Payment:

By confirmed,irrevocable,transferableanddivisibleL/Ctobeavailablebysightdrafttoreachthesellersbefore___/___/_____andtoremainvalidforingotiationinChinauntil15daysaftertheaforesaidtimeofshipment.TjeL/Cmustspecifythattranshipmentandpartialshipmentsareallowed.

14Documents: Do cuments:

15 Shipping conditions: Terms of Shipment:

16 Contradictions and claims between quality, quantity, and weight: Quality/Quantity DiscrepancyandClaim:

17 Force majeure factors:

The party is not responsible for the inability or temporary inability to perform this agreement in whole or in part due to floods, fires, earthquakes, droughts, wars or other events that one party cannot foresee, control, avoid and overcome. The contract template "Foreign Trade Export Contract" ( ). However, the party affected by the force majeure event must notify the other party of the event as soon as possible and send the proof of the force majeure event issued by the relevant agency to the other party within 15 days of the force majeure event.

Force Majeure:

Either party shall not be held responsible for failure or delay to perform all or any part of this agreement due to flood, fire, earthquake, draft, war or any other events which could not be predicted, controlled, avoided or overcome by the relative party. However, the party affected by the event of Force Majeure shall in form the other party of itsoccurrenceinwritingassoonaspossibleandthereaftersendacertificateoftheeventissuedbytherelevantauthoritiestotheotherpartywithin15daysafteritsoccurrence.

18 Arbitration:

If any dispute arises during the performance of the agreement, both parties shall resolve it through friendly negotiation. If no agreement can be reached through friendly negotiation, the dispute will be submitted to the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade for arbitration in accordance with the Interim Regulations on Arbitration Procedures of the Commission. The Commission's decision is final and binding on both parties. The arbitration fees, unless otherwise provided, shall be borne by the losing party.

Arbitration

All disputesarising from the execution of this agreement hall besettled through friendly consultations. beregarde