Cách sửa lỗi và soạn lại hợp đồng Ngoại Thương
Sunday, March 15, 2009 1:53:15 AM
Trên cương vị nhà XK việt nam, hãy phân tích các điều khoản sau đây của hợp đồng cà phê, chỉ ra những thiếu sót bất lợi và sửu chứa lại, TRên cở sở đó lập hợp đồng hoàn chỉnh bằng tiếng anh
- Commodity: Coffee
- Quantity: 45 MTs
- Price: USD 1,250/MT HCMC
- Shipment: Immediately
- Payment: clean collection
Hướng dẫn giải:
A. Những thiếu sót và bất lợi của hợp đồng
- Commodity:
Vietnam rubusta coffee, Grade 2, Daklak Origin, grop 2009
- Quality:
According/As to the sample agreed by both parties
(or all goods must comply with export sandard of manufacture and 100 pct brand robusta caffee daklak origin)
- Quantity:
45 MT more or less 5% at the seller option
- Price:
Unit USD: USD 1,250/MT FOB Saigon port Incoterm 2000
Total amount: 56,250 USD +_5%
(say: United Sates Dollar Fiftysix thousand two hundred fity more or less 5 pct)
-Shipment:
Time of shipment: Not later than 20 days after signing the contract
+ Port of loading: Osaka, Japan
+ Port of Discharge: Saigon, vietnam
+ Transshipment is not allowed
Within 02 days after the sailing date of carrying vessel to Ho Chi Minh Port, the seller must infrom to the buyer B/L number, the name of vessel and expected date of arrial at discharge port
or:
(Not later than May 24, 2009
+ Delivery of goods will be made FOB port loading Saigon, port of discharge: Osaka
+ Partial shipment not allowed buyer will advice the seller the name of vessel not under than three days before shipping day by Fax)
- Payment:
Payment by irrevocable letter of credit at sight for 100% of invoice value in favour of the seller. Negotiation deadline must be 20 days after B/L date and the following documents required.
- Arbitration:
All disputes arising out of this contract or breach there of wich cannot be setted amicaply by the parties concerned shall be setted by International Arbitration Center in Vietnam
- Effective date:
The contract will came into force from April 15, 2009.
B. Soạn lại contract
CONTRACT FOR THE PURCHASE OF CAFFEE
No.018VNF/2009
Date April 15, 2009
Between
Address:
Telex:................Fax:................
Represented by Mr
Hereinafter called The Buyer
And
Address:
Tel:......................
Telex:...................Fax:...................
Represented by Mr
Hereinafter called The Seller
It has been mutually agreed to the sale and purchase of Caffee on the terms and conditions as follows:
- Commodity:
Vietnam rubusta coffee, Grade 2, Daklak Origin, grop 2009
- Quality:
According/As to the sample agreed by both parties
(or all goods must comply with export sandard of manufacture and 100 pct brand robusta caffee daklak origin)
- Quantity:
45 MT more or less 5% at the seller option
- Price:
Unit USD: USD 1,250/MT FOB Saigon port Incoterm 2000
Total amount: 56,250 USD +_5%
(say: United Sates Dollar Fiftysix thousand two hundred fity more or less 5 pct)
-Shipment:
Time of shipment: Not later than 20 days after signing the contract
+ Port of loading: Osaka, Japan
+ Port of Discharge: Saigon, vietnam
+ Transshipment is not allowed
Within 02 days after the sailing date of carrying vessel to Ho Chi Minh Port, the seller must infrom to the buyer B/L number, the name of vessel and expected date of arrial at discharge port
or:
(Not later than May 24, 2009
+ Delivery of goods will be made FOB port loading Saigon, port of discharge: Osaka
+ Partial shipment not allowed buyer will advice the seller the name of vessel not under than three days before shipping day by Fax)
- Payment:
Payment by irrevocable letter of credit at sight for 100% of invoice value in favour of the seller. Negotiation deadline must be 20 days after B/L date and the following documents required.
- Arbitration:
All disputes arising out of this contract or breach there of wich cannot be setted amicaply by the parties concerned shall be setted by International Arbitration Center in Vietnam
- Effective date:
The contract will came into force from April 15, 2009.
Ngoài các vấn đề đó còn có bất khả kháng, bảo hiểm nếu có, vào các điều khoản thêm được thoả thuận giữa hai bên nếu thấy bất lợi cho mình.
by HV









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