補償貿易英文合同

時間：2024-12-13 17:10:11 登綺合同范本我要投稿

相關推薦

補償貿易英文合同范本

　　隨著人們法律意識的加強，合同的使用頻率呈上升趨勢，合同是企業發展中一個非常重要的因素。那么大家知道合同的格式嗎？下面是小編為大家收集的補償貿易英文合同范本，歡迎閱讀與收藏。

補償貿易英文合同范本

　　補償貿易英文合同 1

　　COMPENSATION TRADE CONTRACT

　　Contract No.： __________

　　Date of Signing： _________

　　Place of Signing： _______

　　The two Parties：

　　Party A： ________________________________

　　Address： ________________________________

　　Tel：_________________Fax： _______________

　　E-mail： _________________________________

　　Party B： ________________________________

　　Address： _______________________________

　　Tel：_________________Fax： ________________

　　E-mail：_________________________________

　　WITNESSETH

　　Whereas Party B has machines and equipment, which are now used in Party Bs manufacturing of _______, and is willing to sell to Party A the machines and equipment； and

　　Whereas Party B agrees to buy the products, _______, made by Party A using the machines and equipment Party B supplies, in compensation for the price of the machines and equipment, and

　　Whereas Party A agrees to purchase from Party B the machines and equipment, and

　　Whereas Party A agrees to sell to Party B the products, _______, in compensation of the price of Party Bs machines and equipment； Now therefore, in consideration of the premises and covenants described hereinafter, Party A and Party B agree a follows：

　　ARTICLE 1 TRANSACTIONS

　　A） Party B agrees to provide Party A with _________ machines to be used in production, their auxiliary machinery, accessories and spare parts and a variety of measuring and testing instruments required in the process of production. The details of the models, names, specifications,quantity, prices, packing, delivery , etc. thereof shall be specified in an additional equipment-import agreement to be concluded by and between both parties which shall serve as an component part hereof.

　　B） The total value of the machines, auxiliary equipment, etc. supplied by part B shall be paid off by Party A with part of the manufactures made therewith and/or other goods, or with（designate name）products made in （Name of the plant）if both parties agree. The specific name（s）, quantity, price, delivery, etc. of the goods granted as the make-up payment shall be decided in an additional compensation goods-supply agreement made by the parties which shall serve as a component part hereof. The equipment-import agreement and compensation-goods-supply agreement aforesaid may be merged as one called sales agreement on compensation trade（See appendix）.

　　ARTICLE 2 PAYMENT

　　Both parties agree to open letters of credit in favor of each other, i.e. Party A will open, at regular intervals, long term letters of credit in favor of Party B to pay by installments the total cost of the machines and auxiliary equipment provided by Party B； whereas Party B will open sight letters of credit in favor of Party A to pay the products to be delivered by Party A. Party A shall pay for the total cost of the machines and auxiliary equipment with the money remitted by Party B as reimbursement for the products to be delivered by Party A. In case the sum to be paid by Party B fails to cover the value of the long-term letters of credit opened by Party A, the difference shall be made up by Party B by paying that much to Party A in advance, before the long-term letters of credit are due, to enable Party A to reimburse on time the long-term letters of credit it opens. The payment of the long-term letters of credit opened by Party A is based on Party Bs opening a sight letter of credit under the provisions and on its paying the advance required herein. Thus, Party B warrants, guarantees and covenants that it will open the letters of credit and pay the advance as provided herein.

　　ARTICLE 3 REIMBURSEMENT

　　Party A shall reimburse Party B for all the machines and auxiliary equipment supplied by Party B by delivering goods to Party B on a monthly basis and the reimbursement will last for___ year（s） and ____months（s）. The reimbursement shall start approximately ____month（s） after the first delivery of the machines and, in principle, the money to be reimbursed per month shall be ______percent of the total amount due for the machines. With a ______month（s） notice to Party B, Party A may reimburse Party B in advance.

　　Within the reimbursement period, Party B shall, under the provisions of the additional sales agreement aforesaid, open, sight, irrevocable, divisible and assignable letters of credit, covering the full amount, in favor of Party A.

　　ARTICLE 4 STANDARD MONEY AND PRICE STANDARD

　　The standard money for this transaction is （Name of currency）. All the machinery, auxiliary equipment and measuring and testing instruments , etc. provided by Party B shall be valued with （Name of currency）, while the goods provided by Party A to Party B as reimbursement shall be valued with the basis price （Name of currency） of the same goods exported by Party A at the time when this agreement is entered into, and the total price （Name of currency） shall be changed into that of （Name of currency） in accordance with the exchange rate then.

　　ARTICLE 5 INTREREST

　　Party A shall pay the interest on its long-term letters of credit and the interest on the cash in advance rendered by Party B. The annual interest rate is agreed upon at_____%.

　　ARTICLE 6 TECHNICAL SERVICE

　　The machinery, after arrival at its destination, shall be installed by Party A, Party B shall dispatch its technicians to render spot instructions and other necessary technical assistance during the installation of the main machines, as may be requested by Party A in case of necessity, Party B shall be liable for the losses resulted in such a course of installation from technical default on its part.

　　ARTICLE 7 ADDITIONAL EQUIPMENT

　　During the enforcement of this agreement, if it is found necessary that, in addition to the machinery and equipment listed herein, some new accessories or measuring and testing instruments are needed for completion of the project, （an） additional order（s） may be made through negotiation by the parties. The new items thus added shall be incorporated in agreement.

　　ARTICLE 8 INSURANCE

　　The machinery and auxiliary equipment, after shipment, shall be insured by Party B. The title thereof shall be transferred into Party B after full payment therefore is made by Party B, thereafter, the unforeseeable losses concerning the machinery and auxiliary equipment shall be indemnified for first by the Insurance Company to Party B, then Party B shall remit for Party A,in proportion, the sum already paid by Party A for the machinery or equipment involved in the contingency.

　　ARTICLE 9 LIABILITY FOR BREACH OF AGREEMENT

　　Party B shall , if it fails to comply with this agreement to make purchase of the goods delivered by Party A as reimbursement, or Party A shall, if it fails to comply with this agreement to deliver the goods it is due to provide, be deemed liable for a breach of agreement and shall compensate the non-breaching Party for the loss caused thereupon and shall pay the non-breaching Party a fine accounting for % of the total value of the goods in question.

　　ARTICLE 10 PERFORMANCE GUARANTEE

　　To guarantee the implementation of this agreement, each party shall submit to the other party a letter of guarantee issued by its bank respectively. The guaranteeing bank of Party A is ______ Bank, ______, while the guaranteeing bank of Party B is ______Bank, ______.

　　ARTICLE 11 AMENDMNET

　　The modification of this agreement in particular cases shall be agreed upon by both parties through negotiations.

　　ARTICLE 12 Force Majeure

　　In case that one or both parties are impossible to perform the duties provided herein on account of force majeure, the party （or parties） in contingency shall inform the other party （or each other） of the case immediately and may, provided the case is duly verified by the competent authorities, delay in performance of or not perform the relevant duties hereunder the be partially or entirely exempted from the liability for breach of this agreement.

　　ARTICLE 13 ARBITRATION

　　Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission,Shenzhen Commission for arbitration which shall be conducted in accordance with the Commissions arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties and the applicable law is the material law of P.R.C.

　　Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed.

　　ARTICLE LANGUAGE AND EFFECTIVE DATE

　　There are two originals hereof made respectively in Chinese and ______, both of which are of the same effect.

　　This agreement shall come into effect on the date when both parties set their hands hereunto and remain effective for_____ years. Upon its expiration, the parties may, if they choose, extend the term hereof for _____years or execute a new cooperation agreement, provided they apply to and approved by the Authority agencies concerned.

　　Party A Party B

　　Representative of___ Representative of____

　　（Authorized Signature）___ （Authorized Signature）

　　補償貿易英文合同 2

　　Contract No.:

　　Date:

　　Place:

　　The Buyer:

　　Address:

　　Telephone:

　　Fax:

　　The Seller:

　　Address:

　　Telephone:

　　Fax:

　　WHEREAS the Buyer desires to import certain equipment and technology from the Seller for the production of [產品名稱], and the Seller is willing to provide the said equipment and technology on the basis of compensation trade;

　　NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto hereby agree as follows:

　　Article 1 - Definitions

　　"Equipment" shall mean the machinery, apparatus, instruments, spare parts and other materials supplied by the Seller to the Buyer under this Contract.

　　"Technology" shall mean the technical know-how, patents, trademarks, designs and other intellectual property rights related to the production of the Products, as well as the technical documentation and training services provided by the Seller to the Buyer.

　　"Products" shall mean the goods produced by the Buyer using the Equipment and Technology supplied by the Seller.

　　"Compensation Period" shall mean the period during which the Buyer shall repay the cost of the Equipment and Technology to the Seller by delivering the Products to the Seller.

　　Article 2 - Scope of the Contract

　　The Seller agrees to supply the Buyer with the Equipment and Technology as specified in Annex A attached hereto, which shall be used for the production of the Products.

　　The Buyer agrees to purchase the Equipment and Technology from the Seller and to repay the cost thereof by delivering the Products to the Seller during the Compensation Period in accordance with the terms and conditions of this Contract.

　　Article 3 - Delivery of Equipment and Technology

　　The Seller shall deliver the Equipment to the Buyer at the port of [交貨港口名稱] within [設備交付期限] days after the signing of this Contract. The delivery shall be on FOB terms.

　　The Seller shall provide the Buyer with the Technology within [技術交付期限] days after the signing of this Contract. The Technology shall be delivered in the form of technical documentation, including but not limited to drawings, manuals, specifications and operating instructions.

　　The Seller shall be responsible for the proper packing, marking and shipping of the Equipment and Technology to ensure their safe arrival at the destination. The Buyer shall assist the Seller in obtaining the necessary import licenses and customs clearance procedures.

　　Article 4 - Installation, Commissioning and Training

　　The Buyer shall be responsible for the installation and commissioning of the Equipment at its factory. The Seller shall send its technicians to the Buyers factory to provide technical guidance and assistance during the installation and commissioning process, if necessary.

　　The Seller shall provide the Buyer with training services for the operation and maintenance of the Equipment and Technology. The training shall be conducted at the Buyers factory and shall include theoretical instruction and practical operation. The number of trainees and the duration of the training shall be agreed upon by the parties hereto.

　　Article 5 - Quality Guarantee

　　The Seller warrants that the Equipment and Technology supplied by it shall be of good quality, suitable for the production of the Products and in conformity with the specifications and standards specified in Annex A.

　　In case of any defect or malfunction of the Equipment or Technology within the warranty period, which is [質保期限] months from the date of acceptance by the Buyer, the Seller shall be responsible for repairing or replacing the defective parts or components free of charge.

　　The Buyer shall notify the Seller in writing of any defect or malfunction of the Equipment or Technology within [通知期限] days after its discovery. The Seller shall respond to the Buyers notice within [賣方響應期限] days and take appropriate measures to remedy the situation.

　　Article 6 - Price and Payment

　　The total price of the Equipment and Technology under this Contract is [合同總價] US dollars. The price shall be payable by the Buyer to the Seller in the following manner:

　　(a) [預付款比例]% of the total price, i.e. [預付款金額] US dollars, shall be paid by the Buyer to the Seller within [預付款支付期限] days after the signing of this Contract as an advance payment.

　　(b) The balance of the price shall be repaid by the Buyer to the Seller by delivering the Products to the Seller during the Compensation Period. The price of each unit of the Product shall be [產品單價] US dollars.

　　The Buyer shall open an irrevocable letter of credit in favor of the Seller with a bank acceptable to the Seller within [信用證開立期限] days after the signing of this Contract. The letter of credit shall be payable at sight against the presentation of the shipping documents stipulated herein.

　　The Seller shall issue a commercial invoice to the Buyer for each shipment of the Equipment and Technology and for each delivery of the Products.

　　Article 7 - Compensation Period and Quantity of Products

　　The Compensation Period shall commence from the date of the acceptance of the Equipment by the Buyer and shall last for [補償期限時長] months.

　　During the Compensation Period, the Buyer shall deliver to the Seller a total quantity of [補償產品數量] units of the Products. The delivery schedule shall be as follows:

　　[具體的補償產品交付時間表，例如：在第 1 個月交付 XX 件，第 2 個月交付 XX 件……]

　　Article 8 - Inspection and Acceptance

　　The Buyer shall have the right to inspect the Equipment and Technology supplied by the Seller at the port of destination or at the Buyers factory. The inspection shall be carried out in accordance with the international standards and the specifications and standards specified in Annex A.

　　If the Buyer discovers any discrepancy or defect during the inspection, it shall notify the Seller in writing within [通知期限] days after the inspection. The Seller shall be responsible for making the necessary corrections or replacements within [賣方處理期限] days.

　　The Buyer shall accept the Equipment and Technology if they are found to be in conformity with the contract after the inspection. The acceptance certificate shall be signed by both parties.

　　Article 9 - Intellectual Property Rights

　　The Seller warrants that it has the legal right to supply the Equipment and Technology to the Buyer and that the use of the Equipment and Technology by the Buyer shall not infringe upon any third partys intellectual property rights.

　　In case of any claim or lawsuit arising from the infringement of intellectual property rights, the Seller shall assume all the legal responsibilities and compensate the Buyer for any losses incurred.

　　Article 10 - Confidentiality

　　The parties hereto agree to keep confidential all the technical and commercial information exchanged between them under this Contract. Such information shall not be disclosed to any third party without the prior written consent of the other party.

　　The confidentiality obligation shall survive the termination of this Contract for a period of [保密期限時長] years.

　　Article 11 - Force Majeure

　　If either party is prevented from performing its obligations under this Contract due to force majeure events such as war, flood, earthquake, typhoon, fire or other unforeseeable and unavoidable events, the affected party shall notify the other party in writing within [通知期限] days after the occurrence of the force majeure event and provide relevant proof thereof.

　　The performance of the obligations under this Contract shall be suspended during the period of force majeure. The affected party shall make every effort to mitigate the losses caused by the force majeure event and resume the performance of its obligations as soon as possible after the event has ceased.

　　If the force majeure event lasts for more than [持續期限時長] days and affects the fundamental purpose of this Contract, either party may terminate this Contract by giving written notice to the other party.

　　Article 12 - Breach of Contract and Remedies

　　If the Buyer fails to pay the price or deliver the Products in accordance with the terms and conditions of this Contract, the Seller shall have the right to claim damages for the losses incurred. The damages shall be calculated based on the unpaid amount of the price or the market value of the undelivered Products, whichever is higher.

　　If the Seller fails to deliver the Equipment and Technology or provide the services in accordance with the contract, the Buyer shall have the right to terminate this Contract and claim damages for the losses incurred. The damages shall include but not be limited to the cost of the Equipment and Technology already paid by the Buyer, the cost of alternative equipment and technology, and the losses of production and business opportunities.

　　In case of any breach of contract by either party, the non-breaching party shall also have the right to seek other legal remedies available under the law.

　　Article 13 - Arbitration

　　Any dispute arising out of or in connection with this Contract shall be first settled through friendly negotiation between the parties. If the negotiation fails, the dispute shall be submitted to arbitration in accordance with the rules of [仲裁機構名稱].

　　The arbitration shall be held in [仲裁地點]. The language of the arbitration shall be [仲裁語言].

　　The award of the arbitration shall be final and binding upon both parties.

　　Article 14 - Termination of Contract

　　This Contract may be terminated by mutual agreement of the parties.

　　In case of any breach of contract by either party which materially affects the performance of this Contract and is not remedied within [補救期限時長] days after the receipt of the notice of breach from the other party, the non-breaching party shall have the right to terminate this Contract.

　　Upon the termination of this Contract, the parties shall settle their accounts and return any property or documents in their possession belonging to the other party.

　　Article 15 - Miscellaneous

　　This Contract shall be governed by and construed in accordance with the laws of [合同適用法律國家 / 地區].

　　This Contract shall come into force upon the signing of both parties. Any amendment or supplement to this Contract shall be made in writing and signed by both parties.

　　This Contract is made in duplicate, one for each party, and both copies shall have equal legal effect.

　　The Buyer:

　　Title:

　　The Seller:

　　Title:

　　補償貿易英文合同 3

　　The Importer:

　　Address:

　　Contact Person:

　　Telephone:

　　Fax:

　　The Exporter:

　　Address:

　　Contact Person:

　　Telephone:

　　Fax:

　　WITNESSETH

　　WHEREAS the Importer desires to obtain certain equipment and related technology from the Exporter for the purpose of manufacturing [產品名稱] in its factory, and the Exporter is agreeable to supply the same on a compensation trade basis;

　　NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto have agreed as follows:

　　1. Definitions

　　"Equipment" means the machinery, tools, instruments, and other items necessary for the production of the Products as specified in Exhibit A attached hereto.

　　"Technology" includes the know-how, patents, trademarks, and technical documentation and training related to the use and operation of the Equipment for the production of the Products.

　　"Products" are the finished goods produced by the Importer using the Equipment and Technology provided by the Exporter.

　　"Compensation Period" is the time frame within which the Importer shall reimburse the Exporter for the cost of the Equipment and Technology by delivering the Products to the Exporter.

　　2. Scope of the Contract

　　The Exporter agrees to supply the Importer with the Equipment and Technology described in Exhibit A, and the Importer agrees to purchase and accept the same.

　　The Importer undertakes to manufacture and deliver the Products to the Exporter during the Compensation Period to compensate for the cost of the Equipment and Technology.

　　3. Delivery of Equipment and Technology

　　The Exporter shall deliver the Equipment FCA (Free Carrier) [指定交貨地點] within [設備交付期限] days from the date of this Contract. The Equipment shall be properly packaged and marked to ensure safe transportation.

　　The Technology shall be transferred to the Importer within [技術交付期限] days from the date of this Contract. The transfer shall include the provision of all necessary technical documentation, drawings, manuals, and training services as agreed upon by the parties.

　　4. Installation, Commissioning and Training

　　The Importer shall be responsible for the installation and commissioning of the Equipment at its factory. The Exporter shall provide technical assistance and guidance during this process, if required, by sending its engineers to the Importers site at the Exporters expense.

　　The Exporter shall conduct training programs for the Importers technicians and workers to ensure their proficiency in operating and maintaining the Equipment and applying the Technology. The training shall be carried out at the Importers factory and shall last for [培訓時長] days.

　　5. Quality and Warranty

　　The Exporter warrants that the Equipment and Technology supplied shall be of merchantable quality and fit for the intended purpose of producing the Products. The warranty period for the Equipment shall be [設備質保期限] months from the date of its installation and commissioning, and for the Technology, it shall be [技術質保期限] months from the date of its transfer.

　　During the warranty period, the Exporter shall repair or replace any defective parts or components of the Equipment or provide corrective measures for any problems with the Technology at no cost to the Importer, except for damages caused by the Importers misuse or improper handling.

　　6. Price and Payment Terms

　　The total price for the Equipment and Technology is [合同總價] US dollars. The Importer shall pay [預付款比例]% of the total price, i.e., [預付款金額] US dollars, as an advance payment within [預付款支付期限] days after the signing of this Contract.

　　The remaining amount shall be compensated by the Importer through the delivery of the Products during the Compensation Period. The price of each unit of the Product for compensation purposes shall be [產品單價] US dollars.

　　The Importer shall open an irrevocable letter of credit in favor of the Exporter with a bank acceptable to both parties within [信用證開立期限] days after the signing of this Contract to cover the advance payment.

　　7. Compensation Period and Product Delivery Schedule

　　The Compensation Period shall commence [開始日期] and end [結束日期].

　　The Importer shall deliver the Products to the Exporter in accordance with the following schedule:

　　[詳細的產品交付時間表，如每月交付數量等]

　　8. Inspection and Acceptance

　　The Importer shall have the right to inspect the Equipment and Technology upon arrival at its factory or at the port of destination. The inspection shall be carried out in accordance with the standards and specifications agreed upon by the parties.

　　If any discrepancies or defects are found during the inspection, the Importer shall notify the Exporter in writing within [通知期限] days. The Exporter shall take prompt corrective action within [賣方處理期限] days to remedy the situation.

　　The Equipment and Technology shall be deemed accepted by the Importer if no written notice of rejection is received by the Exporter within the specified inspection period.

　　9. Intellectual Property Rights

　　The Exporter represents and warrants that it has the legal right to transfer the Technology and supply the Equipment to the Importer and that the use of the Equipment and Technology by the Importer shall not infringe upon any third partys intellectual property rights.

　　In case of any claim or litigation arising from intellectual property infringement, the Exporter shall indemnify the Importer against all losses and damages incurred.

　　10. Confidentiality

　　The parties agree to keep confidential all technical, commercial, and other information exchanged during the performance of this Contract. Such information shall not be disclosed to any third party without the prior written consent of the other party.

　　The confidentiality obligation shall survive the termination of this Contract for a period of [保密期限時長] years.

　　11. Force Majeure

　　If either party is unable to perform its obligations under this Contract due to force majeure events such as war, natural disasters, government regulations, or other unforeseeable and uncontrollable circumstances, the affected party shall notify the other party in writing within [通知期限] days of the occurrence of the event and provide appropriate evidence.

　　The performance of the obligations shall be suspended during the period of force majeure, and the affected party shall make reasonable efforts to resume performance as soon as possible after the event has ceased.

　　If the force majeure event continues for more than [持續期限時長] days and materially affects the performance of the Contract, either party may terminate the Contract by giving written notice to the other party.

　　12. Breach and Remedies

　　If the Importer fails to pay the advance payment or deliver the Products as per the contract terms, the Exporter shall be entitled to claim damages for the losses suffered, including but not limited to the unpaid amount, interest, and any additional costs incurred.

　　If the Exporter fails to deliver the Equipment and Technology or provide the services as agreed, the Importer shall have the right to terminate the Contract and claim compensation for the losses incurred, such as the cost of alternative equipment and technology and lost production opportunities.

　　In case of any breach of contract, the non-breaching party shall also have the right to seek injunctive relief or other legal remedies available under the law.

　　13. Dispute Resolution

　　Any disputes arising out of or in relation to this Contract shall be first attempted to be resolved through friendly negotiation between the parties.

　　If the negotiation fails, the dispute shall be submitted to arbitration in accordance with the rules of [仲裁機構名稱]. The arbitration shall be held in [仲裁地點], and the language of the arbitration shall be [仲裁語言].

　　The arbitral award shall be final and binding on both parties.

　　14. Termination of Contract

　　This Contract may be terminated by mutual written agreement of the parties.

　　In case of a material breach of contract by either party that remains unremedied for [補救期限時長] days after written notice, the non-breaching party may terminate the Contract.

　　Upon termination, the parties shall settle their accounts and return

　　The Buyer:

　　Title:

　　The Seller:

　　Title:

　　補償貿易英文合同 4

　　Compensation Trade Contract

　　This contract is hereby made and entered into between Guangdong Jiaxing Industrial Co.,Ltd.(hereinafter referred to as Party A) and Tailong Electronics(Singapore) Co., Ltd.(hereinafter referred to as Party B) on October 12,1995 in Guangzhou, China on the basis of equality and mutual benefit and through amicable consultation.

　　Party A: Guangdong Jiaxing Industrial Co., Ltd.

　　Add:317 Huanshi East Road,Guangzhou,China

　　Tel: (020) 87786162

　　Fax: (020) 87619503

　　Party B: Tailong Electronics (Singapore) Co., Ltd.

　　Add:111North Bridge Road,Singapore

　　Tel: (65) 3324951

　　Fax: (65) 3324928

　　1. Contents of Transactions

　　1.1 Party A agrees to buy from Party B and Party B agrees to sell to Party A Assembly Lines for Color TV Sets, whose specifications, technical requirements, price and delivery schedule shall be specified in an additional contract to be made between both parties, which shall serve as an integral part of this contract.

　　1.2 Party B shall buy from Party A Color TV Sets turned out on the Assembly Lines supplied by Party B in an amount approximately equal to that of the Assembly Lines. The quality, quantity, unit price, packing and delivery schedule shall also be specified in an additional contract, which shall constitute an integral part of this contract.

　　2. Terms of Payment

　　Payment of the transactions stipulated in Article 1 shall be effected by reciprocal Ls/C. Party A shall open a usance L/C in favor of Party B to pay by installments the entire cost of the Assembly Lines to be supplied by Party B； whereas Party B shall open a sight L/C in favor of Party A to pay each shipment of Color TV Sets to be delivered by Party A. The tenor of the usance L/C shall be in consistence with the term of compensation stipulated in Article 3. The total proceeds received by Party A from selling Color TV Sets to Party B within the duration of this contract shall be equal to, and used to cover, the total value of the Assembly Lines. In case the total proceeds received by Party A from selling Color TV Sets to Party B is not enough to cover the total value of the Assembly Lines, the balance shall be made up by Party B with down payment before the usance L/C opened by Party A expires, thus enabling Party A to effect payment due under the usance L/C.

　　3. Term of Compensation

　　Party A shall pay the total cost of the Assembly Lines by exporting Color TV Sets to Party B within 10 months from the 4th month after all parts of the Assembly Lines are delivered. In principle, the amount to be paid by Party B for its imports from Party A per month shall be 10 percent of the total amount due to be paid for the Assembly Lines. Party A can make payment ahead of schedule with a notice to Party B 1 months in advance.

　　4. Currency for Pricing

　　Both the Assembly Lines and the Color TV Sets shall be priced in terms of US Dollars. If the Color TV Sets are also to be sold on the home market within the term of compensation and thus have a price in RMB, their export price shall be its equivalent in US Dollars according to the exchange rate then prevailing.

　　5. Interest Rate

　　Party A shall bear the interest on the usance L/C and the down payment of Party B. The annual interest rate is agreed up on at 7.5%.

　　6. Technical Service

　　After arrival at the destination, the Assembly Lines shall be installed by Party A. When Party A believes it is necessary, Party B shall send its technicians to provide on-the-spot instructions and other technical assistance in the course of installation. Party B shall be liable for expenses of the technicians and losses incurred in the course of installation as a result of technical default on its part.

　　7. Insurance

　　7.1 The buying and selling of the Assembly Lines and the Color TV Sets shall be on FOB basis, thus the ocean marine cargo insurance on them shall be effected by Party A and Party B respectively.

　　7.2 In the duration of this contract, the Assembly Lines shall be insured by Party A. Should any loss or damage occur, Party A shall lodge claims against the insurer and pay a part of the indemnification received from the insurer to Party B, which shall be in proportion to the payment Party A has not made for the part of machinery involved in the loss or damage.

　　8. Liability for Breach

　　Either party shall be liable for its breach of contract and indemnify for all losses thus incurred to the other party. In addition, the breaching party shall pay to the other party a fine, which shall account for 15% of the total amount involved.

　　9. Performance Guarantee

　　To guarantee the implementation of the contract, each party shall submit to the other a performance guarantee issued by a bank agreed by both parties. The guarantee bank of Party A is The Bank of China, Guangzhou Branch, while that of Party B is Sanwa Bank.

　　10. Force Majeure

　　10.1 Either party shall not be held responsible for failure or delay to perform all or any part of the contract due to flood, fire, earthquake, draught, war or any other events which could not be predicted at the time of conclusion of this contract, and could not be controlled, avoided or overcome by the relative party. However, the party affected by the event of Force Majeure shall inform the other party of its occurrence in writing as soon as possible and thereafter send a certificate of the event issued by the relevant authorities to the other party within 15 days of its occurrence.

　　10.2 If the event of Force Majeure lasts over 120 days, both parties shall have the right to terminate the contract.

　　11. Arbitration

　　11.1All disputes arising from the performance of this contract shall be settled through friendly negotiations. Should no settlement be reached through negotiation, the case shall then be submitted for arbitration to the China International Economic and Trade Arbitration Commission (Beijing) and the rules of this Commission shall be applied. The award of the arbitration shall be final and binding upon both parties. The arbitration fee shall be borne by the losing party unless otherwise awarded by the commission.

　　11.2 During the course of the arbitration, the contract shall be performed except for the part under arbitration.

　　12. Amendment to the Contract

　　The contract can be amended only after the amendment is agreed upon by both parties.

　　13. Language and Validity

　　13.1 The contract shall be written in Chinese and English. Both versions are equally authentic. In the event of any discrepancy between the two versions, the Chinese version shall prevail.

　　13.2 The contract shall come into effect as soon as it is duly signed by both parties and shall remain effective for two years.

　　Party A: Guangdong Jiaxing Industrial Co., Ltd

　　(Signature)

　　Party B: Tailong Electronics (Singapore) Co., Ltd

　　(Signature)

【補償貿易英文合同】相關文章：