煤炭购销国际合同模板

1、 .PAGE8 / NUMPAGES8Contract of Sales and Purchases of Indonesia Steaming CoalThis Contract is made and entered into on this by and betweenThe Seller:Address:The Buyer:Address:By this Contract the Seller agrees to sell and the Buyer agrees to buy the following coal under the terms and conditions list

2、ed below:Commodity: Indonesia Steaming CoalQuantity: 70,000mt +/-10% At Buyers OptionSpecifications(Based on ISO Standards): TypicalTotal Moisture (as received) 36%Inherent Moisture (air dried) 15%minAsh (air dried) 6%maxVolatile Matter (air dried) 3943%Sulphur (air dried) 0.5%maxHGI 45minGross Calo

3、rific Value (air dried) 5400kcal/kgNet Calorific Value (as received) 3800kcal/kgSize (050mm) 95%4.Unit PriceUSDper metric ton CIF Huangpu, or other southern safe port, China5. Premium/PenaltyTotal MoistureIf Total Moisture (as received) of any shipment of coal exceeds 36%, the weight of that shipmen

4、t shall be adjusted as follows:Invoice Weight = B/L weight 1-(actual total moisture 36%)Gross Calorific Value If actual Net Calorific Value (as received) of coal varies from 3800kcal/kg (gad), the price for that cargo of coal shall be adjusted by using the following formula:Actual Net Calorific Valu

5、e (as received)Invoice Unit Price = USD /mt 3800kcal/kg (gad)6. Shipment: 70,000mt +/-10% at buyers option7. Loading Terms:7.1 The Seller shall deliver coal in bulk to the Buyer, free on board vessel spout trimmed at the loading port.7.2 Notice of Readiness may be tendered during office hour(Monday

6、Friday:09:00-17:00, Saturday:09:00 13:00) after the vessel has arrived at the loading port, whether in berth or not, whether in port or not, provided the vessel is in all respects ready to load and subject to free pratique being granted prior to or on arrival at the berth. Laytime for loading shall

7、commence twelve (12) hours (except Indonesian 6 major holidays Idul Fitri 2 days, Idul Adha 1 day, Independence Day 1 day, Christmas 1 day, New Year 1day ) after Notice of Readiness is tendered or when loading commences, whichever is earlier. If after berthing the vessel is found not to be in free p

8、ratique and in all respects not ready to load or free pratique is not granted on arrival at the berth, laytime shall be deemed not to have commenced until when the vessel is in fact in free pratique and in all respects ready to load 7.3 For the loading of each shipment under this contract, the Selle

9、r shall provide, free of charge to the Buyer, a safe anchorage or a safe berth at loading port where the vessel can, when fully laden, safely reach and leave and where she can always lie safely afloat.7.4 The Seller shall load coal on board the vessel at the following loading rate: 8,000mt PWWD SHIN

10、C except the above mentioned 6 Major Indonesian holidays All costs relating to the berthing and sailing of the vessel are to be for the account of the Vessel Owner/Buyer (i.e. Tugboats, Linesmen, Harbour Dues, Government charges etc.). Coal loading charges are for the account of the Seller. If the S

11、eller fail to meet the loading requirements specified in Clause 7.4, the Seller shall pay demurrage to the Buyer for all time lost after the expiration of laytime allowed. If the Seller can complete loading earlier than the laytime allowed, the Buyer shall pay dispatch money to the Seller for laytim

12、e saved. Demurrage and dispatch rate to be as per relevant Charter Party. Demurrage or dispatch money shall be settled between the Seller and the Buyer within 45 days from the date of completion of loading of the coal (B/L date). Any time lost by reason of any of the following (whether or not the Ve

13、ssel is already on Demurrage) shall not be counted as Laytime or for Demurrage:awaiting pratique, Customs clearance;inward passage from anchorage until the Vessel is securely morred at the berth;discharge of ballast to the extent that this is not concurrent with loading and which causes delay at the

14、 loading berth;restrictions imposed by the Owner, charterer or master of the Vessel;time spent in first time opening and/or last time closing hatch covers;time spent in conducting a draft survey of the Vessel, if applicable, prior to the loading of the coal or, by the request of the Vessel side, dur

15、ing the loading of the Coal;breakdown or failure of the Vessel to comply with the requirements or regulations of the loading port causing delay or restriction to loading operations;cleaning and inspection of the Vessels holds;any other delay attributable to the Vessel or the Buyers Agents.Loading sh

16、all be deemed to be completed and Laytime and Demurrage shall cease upon completion of the spout trimming operation. The Buyer/Owner shall appoint a shipping agent nominated by Seller at the loading port.The Seller shall be requested to make close contact with the shipping agent.8. Quality Determina

17、tion:8.1 The Seller shall, at its own cost, appoint an Independent Surveyor to carry out the sampling and analysis of the coal ata the loading port in accordance with Clause 4 above and issue a Certificate of Quality detailing the results obtained in respect of coal loaded. The analysis results so d

18、etermined at the loading port shall be final and binding upon the parties hereto.8.2 The three “sample sets” shall be established for each shipment and distributed as follows: a) One sample set shall be used for analysis of that shipment of coal by Independent Surveyor at the loading port to determi

19、ne its quality and characteristic pursuant to Clause 8.1. b) One sample set shall be delivered within 7 days after the B/L date at the Sellers cost to the Buyer in a suitable airtight container, properly sealed and labeled, by air parcel or in such other manner as the Buyer may direct. c) One sample

20、 set shall be retained by Independent Surveyor at the loading port in a suitable airtight container (hereinafter referred to as “Umpire Sample”), properly sealed and labeled, for a period of three months after completion of loading of that shipment of coal.8.3 Quality Discrepancy The Buyer may, with

21、in 45 days from the date the discharging port Inspection Certificate of Quality is released, challenge the quality of coal, supported by analysis carried out by CIQ (China entry-exit inspection and Quarantine Bureau). In such event, Umpire Sample shall be sent to an International Independent Surveyo

22、r Laboratory (Umpire Laboratory) in the third country agreeable by both parties for analysis and the determination by such laboratory of the quality of said shipment of coal shall be final, conclusive and binding on the parties; provided, however, that if the difference between such Umpire Laborator

23、ys determination hereunder and the determination of Independent Surveyor at the loading port under Clause 8.1 is within the tolerance level recognized under the relevant ISO standards for “reproducibility”, such difference shall be disregarded for all purposes and the determination of Independent Su

24、rveyor at loading port shall be final, conclusive and binding on the both parties. The cost of the analysis by such Umpire Laboratory shall beborne and paid for by the party whose analysis results differ more from the Umpire Laboratorys determination. If the Umpire Laboratorys determination stands a

25、t the middle between the loading port results and the discharging port results, then both parties shall share the cost of the analysis of the Umpire Sample. The Buyer shall have the right to appoint a representative to attend and observe the weight and quality determination at the loading port at an

26、y time and at its own expenses.9. Weight Determination:The seller shall at his own cost, determine the weight of the shipment at the loading port by means of draft survey which shall be conducted by an Independent Inspection Company at loading port as per Clause 8, who shall issue the Certificate of

27、 Weight and the Draft Survey Report. The result of which is final and binding upon the parties hereto.10. Payment:By irrevocable, at sight letter of credit in a format agreeable to the Seller, opened by a first class bank agreeable to the Seller and payable at the counters of any first class interna

28、tional bank nominated by the Seller. Such L/C to be received no later than fifteen(15) running days prior to the commencement date of the laycan of each shipment. Seller shall not be responsible for the cost of any delays in loading a nominated shipment due to any failure of the Buyer comply with th

29、ese payment terms. The L/C shall cover 100% the value of the quantity to be loaded and shall be valid at the loading port until the 30 days after shipment. L/C allows overdrawn/underdrawn due to quality adjustments.The seller shall present documents to the negotiating bank as per documents requireme

30、nt enlisted herebelow:Sellers signed commercial invoice in triplicate;Full set of original clean on board bill(s) of lading(3 original +3 copies);Certificate of Quality in triplicate issued by an Independent Inspection Company at loading port;Certificate of Weight in triplicate and Draft Survey Repo

31、rt issued by an Independent Inspection Company at loading port;Certificate of Origin;Charter Party Bills of Lading is allowed.Third party documents except commercial invoice are allowed.Within 5 business days after completion of loading the vessel, the Seller forward to office of the Buyer by facsim

32、ile the following documents:One copy of the Bill of Lading,On copy to the Commercial Invoice,On copy to the Certificate of Quality,On copy to the Certificate of Weight and the Draft Survey Report,On copy to the Certificate of Origin.The total amount of the invoice shall be calculated to the nearest

33、cents. The weight shall be counted to the nearest metric ton.Partial shipment not allowed.Transshipment not allowed.11. Taxes, Duties etc.:All taxes, duties, levies, dues etc. of the coal loading into the vessel, if any, at the port of loading shall be to the Sellers account. All taxes, duties, levi

34、es, dues etc. of the coal discharging from the vessel, if any, at the discharging pot shall be to the Buyers account.12. Force Majeure:12.1 The Seller shall not be liable to the Buyer nor shall be the Buyer be liable to the Seller for any delay or failure in the performance of obligations under this

35、 contract if such delay of failure is due to or result from or is consequential upon Majeure.The term “Force Majeure” shall include but not limited to natural calamities, acts of public enemies, insurrections, strikes, lockouts, labor or union organized reduction of production, fires, war, explosion

36、s, floods, interruption of transportation or essential supplies and services, embargoes, orders or acts of courts, government or governmental authorities and any other cause event or circumstance not within the control of the party claiming suspension which, by the exercise of due diligence, such pa

37、rty is unable to prevent or overcome.12.2 The party whose performance of any obligation is affected by reason of any the causes referred to 12.1 shall promptly give notice thereof by fax to the other party followed, as soon as practicable by a notice in writing setting forth the particulars of the r

38、elevant event and, if possible, supporting evidence issued by the competent governmental authorities within 14 days. The party so affected shall take reasonable steps to resume with the least possible delay in compliance with its obligation under this contract but shall not be required to settle any

39、 strike, lockout or other labor difficulty on terms not acceptable to it.12.3 Force Majeure shall not relieve either party from making payment due to the other party.13. Law/Arbitration:GOVERING LAW:This contract, including the arbitration clause, shall be governed by, interpreted and construed in a

40、ccordance with English law. Any dispute that may arise out of or in relation to this Agreement, which can not be settled by mutual understanding between Seller and Buyer, shall be referred to the London International Economic and Trade Arbitration Commission (LIETAC) interpretation and settlement. The arbitration shall be in English ant the decision shall be final and binding on both parties.ARRBITRATION:All disputes or controversies arising between the Seller and the Buyer under or in connection with this contract shall be submitted to the London International Economic