柴油进口报关合同模板

CONTRACT CONTRACT NO.: 15142 DATE: FEBRUARY 14, 2011 THIS CONTRACT IS MADE BY AND BETWEEN THE BUYER AND THE SELLER, HEREIN THE BUYER AGREES TO BUY AND THE SELLER AGREES TO SELL THE UNDER MENTIONED COMMODITY ACCORDING TO THE TERMS AND CONDITIONS AS STIPULATED BELOW: 1. SELLER ------------- (HONG KONG) CORPORATION LIMITED TEL: 852- FAX: 852- 2. BUYER ------------- OIL CORPORATION TEL: 86-10-  FAX: 86-10- 3. COMMODITY ------------- GASOIL 4. QUANTITY ------------- 27,000--32,000 MTS AT BUYER'S OPTION. 5. QUALITY ------------- THE QUALITY OF GAS OIL MEETS THE FOLLOWING GUARANTEED SPECIFICATION AT LOADING PORT: ITEM SPECIFICATIONS ASTM COLOR 3.5 MAX D1500 OXIDATION STABILITY, TOTAL SOLID CONTECT, MG/100ML 2.5 MAX D2274 SULFUR CONTENT, WT. PCT 0.2 MAX D1266 ACIDITY, mgKOH/100ml 7 MAX D974 CARBON RESIDUE ON 10 PCT BOTTOM, 0.3 MAX D4530 ASH, WT. PCT 0.01 MAX D482 CORROSION, COPPER STRIP, 3 HR, 50 DEG C NO.1 MAX D130 WATER, VOL. PCT TRACE MAX D95 MECHANICIAL IMPURITY NIL D473 KINEMATIC VISCOSITY, AT 20 DEG C, MM2/S 3.0-8.0 D445 POUR POINT, DEG C 0 MAX D97 COLD FILTER PLUGGING POINT, DEG C 4 MAX IP309 FLASH POINT (CLOSE CUP), DEG C 55 MIN D93 CETANE INDEX 45 MIN D613 DISTILLATION, DEG C (DEG F) D86 50 PCT 300 MAX 90 PCT 355 MAX 95 PCT 365 MAX DENSITY AT 20 DEG. C, KG/CUBIC M report D1298         6. PRICE -------------- CIF NINGBO, CHINA BASED ON BILL OF LADING QUANTITY. THE CIF NINGBO, CHINA PRICE SHALL BE FIXED AND FIRM AT USD535.00/MT (US DOLLARS FIVE HUNDRED THIRTY FIVE ONLY PER METRIC TON). 7. DELIVERY ------------- CIF ONE SAFE BERTH NINGBO, CHINA DURING THE PERIOD 1-10 MARCH, 2007. NOMINATED VESSEL SHALL BE SUBJECT TO TERMINAL ACCEPTANCE BUT SHALL NOT BE WITHHOLD UNREASONABLY. 8. PAYMENT -------------- BASIS B/L QUANTITY IN BARRELS, IN US DOLLARS WITHOUT OFFSET, DEDUCTION OR COUNTERCLAIM BY TELEGRPAHIC TRANSFER TO SELLER 30 DAYS FROM B/L DATE (B/L DATE TO COUNT AS DAY ONE) AGAINST PRESENTATION OF SELLER'S SIGNED COMMERCIAL INVOICE AND THE  USUAL SHIPPING DOCUMENTS AS MADE AVAILABLE AT PORT OF LOADING.  IN THE EVENT ORIGINAL SHIPPING DOCUMENTS ARE NOT AVAILABLE WHEN PAYMENT FALLS DUE, PAYMENT TO BE EFFECTED AGAINST PRESENTATION OF SELLER'S (TELEX) COMMERCIAL INVOICE AND (TELEX) LETTER OF INDEMNITY WORDED AS FOLLOWS. QUOTE TO: CHINA OIL CORP. RE: LETTER OF INDEMNITY DEAR SIRS, WE REFER TO A CARGO_______________OF _____________SHIPPED ON BOARD PER VESSEL__________________AT THE PORT OF_______________________PURSUANT BILLS OF LADING DATED___________________. ALTHOUGH WE HAVE SOLD AND TRANSFERRED TITLE OF THE SAID CARGO TO YOU, WE HAVE BEEN UNABLE TO PROVIDE YOU WITH THE FULL SET OF 3/3 ORIGINAL BILLS OF LADING COVERING THE SAID SALE. IN CONSIDERATION OF YOUR PAYING THE FULL PURCHASE PRICE OF U.S. DOLLARS_______________WE HEREBY EXPRESSLY WARRANT THAT WE HAVE MARKETABLE TITLE, FREE AND CLEAR OF ANY LIEN OR ENCUMBRANCE TO THE ABOVE MATERIAL AND THAT WE HAVE THE FULL RIGHT AND AUTHORITY TO TRANSFER SUCH TITLE AND TO EFFECT DELIVERY OF SUCH MATERIAL TO YOU. WE FURTHER AGREE TO EXERCISE OUR UTMOST EFFORTS TO LOCATE AND TO SURRENDER TO YOU AS SOON AS POSSIBLE THE ORIGINAL BILLS OF LADING AND TO PROTECT INDEMNIFY AND SAVE YOU HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, COUNSEL FEES AND ANY OTHER EXPENSES WHICH YOU MAY SUFFER BY REASON OF THE ORIGINAL BILLS OF LADING REMAINING OUTSTANDING OR BREACH OF THE WARRANTIES GIVEN ABOVE, INCLUDING BUT NOT LIMITED TO. ANY CLAIMS AND DEMANDS WHICH MAY BE MADE BY A HOLDER OR TRANSFEREE OF THE ORIGINAL BILLS OF LADING BY ANY OTHER THIRD PARTY CLAIMING AN INTEREST IN OR LIEN ON THE CARGO OR PROCEEDS THEREOF. THIS LETTER OF INDEMNITY SHALL AUTOMATICALLY EXPIRE AT THE MOMENT FULL SET OF 3/3 ORIGINAL BILLS OF LADING AND ORIGINAL SHIPPING DOCUMENTS ARE PRESENTED TO YOU. YOURS FAITHFULLY, INTERNATIONAL (SINGAPORE) PTE.LTD. NAME AND TITLE OF SIGNATORY UNQUOTE SELLER'S BANK CHARGES FOR SELLER'S ACCOUNT. BUYER'S BANK CHARGES FOR BUYER'S ACCOUNT. IN THE EVENT PAYMENT FALLS DUE ON A SATURDAY OR A NON-MONDAY BANK HOLIDAY IN NEW YORK, PAYMENT TO BE EFFECTED ONE BANKING DAY PRIOR TO DUE DATE. IN THE EVENT PAYMENT FALLS DUE ON A SUNDAY OR A MONDAY BANK HOLIDAY IN NEW YORK, PAYMENT TO BE EFFECTED ON THE FOLLOWING BANKING DAY. 9. LAYTIME ------------- ALLOWED LAYTIME SHALL BE 48 HOURS SHINC FOR EACH SHIPMENT AND SHALL COMMENCE 6 HOURS AFTER NOR TENDERED AT THE DISCHARGING PORT OR VESSEL ALL FAST AT DISCHARGING BERTH WHICHEVER OCCURS EARLIER AND SHALL CEASE UPON DISCONNECTION OF HOSE AT DISCHARGING PORT. IN CASE VESSEL ARRIVES AND TENDERS NOR AT DISCHARGING PORT BETWEEN 1800 HOURS AND 0600 HOURS NEXT DAY, THEN NOR SHALL BE CONSIDERED TO BE TENDERED AT 0600 HOURS THE NEXT DAY. IN THE EVENT VESSEL ARRIVES EARLIER THAN 1600 HOURS PRIOR TO THE 1ST DAY OF 3-DAY DATE RANGE, THEN LAYTIME SHALL COMMENCE AT 0600 HOURS ON THE 1ST DAY OF 3-DAY LIFTING DATE RANGE OR UPON COMPLETION OF BERTHING, WHICHEVER OCCURS EARLIER. IN THE EVENT VESSEL ARRIVES AFTER THE LAST DAY OF 3-DAY DATE RANGE, THEN LAYTIME SHALL COMMENCE UPON COMPLETION OF BERTHING. 10. DEMURRAGE ------------- IF ANY APPLICABLE, TO BE CALCULATED PER ACTUAL CHARTER PARTY RATE FOR VESSEL EMPLOYED. DEMURRAGE CLAIM, IF ANY, SHALL BE SETTLED WITHIN 45 DAYS AFTER  THE BUYER'S CLAIM WITHOUT WAIVER OF ANY OTHER RIGHTS OR REMEDIES AND THE SELLER SHALL MAKE THE PAYMENT FOR THE AGREED AMOUNT WITHIN 15 DAYS AFTER BUYER'S INVOICE DATE.  11. IMPORT LICENSE/PERMISSION ------------- BUYER SHALL BE RESPONSIBLE FOR SECURING AND COST OF ALL LEGITIMATE LICENSE AND PERMITS REQUIRED FOR GASOIL IMPORTATION TO CHINA. FAILURE TO OBTAIN APPROPRIATE LEGAL IMPORT LICENSE AND PERMITS BY THE BUYER SHALL NOT BE RECOGNIZED AS A REASON OF FORCE MAJEURE AND ALL CONSEQUENTIAL LOSSES AND DAMAGES TO BE ON BUYER'S ACCOUNT. 12. QUALITY AND QUANTITY ------------- SELLER AND BUYER TO JOINTLY APPOINT A MUTUALLY ACCEPTABLE INDEPENDENT INSPECTOR TO DETERMINE QUALITY AND QUANTITY AT LOADPORT. INDEPENDENT INSPECTOR'S FINDINGS AT LOADPORT SHALL BE FINAL AND BINDING ON BOTH PARTIES. ALL COSTS OF THE INDEPENDENT INSPECTOR AT LOADPORT TO BE SHARED EQUALLY BETWEEN BOTH PARTIES. 13. INSURANCE ------------- INSURANCE TO BE COVERED BY SELLER. 14. TITLE AND RISK ------------- TITLE TO AND RISK OF THE PRODUCT SHALL PASS FROM SELLER TO BUYER WHEN THE PRODUCT PASSES SHIP'S PERMANENT FLANGE CONNECTION AT LOADING PORT. 15. LAW AND ARBITRATION ------------- THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH LAWS OF THE PEOPLE'S REPUBLIC OF CHINA. ANY DISPUTE ARISING FROM OR IN CONNECTION WITH THIS CONTRACT SHALL BE SUBMITTED TO CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION IN BEIJING THAT SHALL BE CONDUCTED IN ACCORDANCE WITH THE COMMISSION'S ARBITRATION RULES IN EFFECT AT THE TIME OF APPLYING FOR ARBITRATION.  THE ARBITRAL AWARD IS FINAL AND BINDING UPON BOTH PARTIES. 16. WARRANTIES ------------- THE SELLER MAKES NO OTHER GUARANTEES OR WARRANTIES, EXPRESSLY OR IMPLIED OF THE MERCHANTIBILITY, FITNESS OR SUITABILITY OF THE PRODUCT FOR ANY PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCT HEREOF, EXCEPT THAT THE PRODUCT SHALL MEET THE SPECIFICATION AS SET OUT IN THIS CONTRACT. 17. FORCE MAJEURE ------------- THE PARTIES ARE RELEASED FROM THE RESPONSIBILITY FOR FAILURE TO COMPLETELY OR PARTIALLY FULFIL THEIR OBLIGATIONS UNDER THE PRESENT CONTRACT, IF IT IS A CONSEQUENCE OF FORCE MAJEUR CIRCUMSTANCES SUCH AS FIRE, FLOOD, EARTHQUAKE, WAR, MILITARY OPERATIONS, BLOCKADES, OR SOME OTHER CONTINGENCIES BEYOND THE PARTIES' CONTROL, IF SUCH CIRCUMSTANCES DIRECTLY AFFECT THE EXECUTION OF THE PRESENT CONTRACT. IN SUCH CASE, TIME FOR FULFILMENT OF THE OBLIGATIONS UNDER THE PRESENT CONTRACT SHALL BE EXTENDED FOR THE PERIOD DURING WHICH SUCH CIRCUMSTANCES MAY LAST. THE PARTY UNDER THE ABOVE STATED CIRCUMSTANCES SHALL IMMEDIATELY NOTIFY THE OTHER PARTY OF THE COMMENCEMENT AND TERMINATION OF THE FORCE-MAJEUR CIRCUMSTANCES. IF SUCH CIRCUMSTANCES LAST MORE THAN 20 DAYS EACH PARTY IS ENTITLED TO REFUSE FROM FURTHER FULFILMENT OF ITS CONTRACT OBLIGATIONS, AND IN THIS CASE NEITHER PARTY IS ENTITLED TO DEMAND THE REIMBURSEMENT FOR POSSIBLE DAMAGES.  CERTIFICATES ISSUED BY THE CHAMBER OF COMMERCE IN SELLERS' OR BUYERS' COUNTRIES, AND /OR COUNTRIES OF LOADING OR UNLOADING OF GOODS, SHALL BE SUFFICIENT EVIDENCE OF THE EXISTENCE OF SUCH CIRCUMSTANCES. IF THE SELLER FAILS TO PERFORM ITS CONTRACT OBLIGATIONS IN FULL OR PARTIALLY, THE SELLER SHALL REIMBURSE TO THE BUYER THE AMOUNT OF ADVANCE PAYMENT OR ITS PART, WHICH EQUALS THE COST OF GOODS, BEING SHORT DELIVERED DUE TO THE ABOVE CIRCUMSTANCES. 18. OTHER TERMS AND CONDITONS ------------- OTHER TERMS AND CONDITIONS NOT SPECIFIED ABOVE TO BE IN ACCORDANCE WITH INCOTERMS 2000 PLUS LATEST ADMENDMENTS. SELLER                (HONG KONG) CORPORATION LIMITED BUYER OIL CORPORATION