Contract - Final KQ-DP Tech KQL

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CONTRACT

Contract No.:KQ-DP0817
Date: 24 /08 /2017

Buyer DP TECHNICAL SERVICES TRADING CO.,LTD


:
Address : 1351/1/2, Phan Van Tri Str, Ward 10,Go Vap Dist, Ho Chi Minh City, Viet Nam
(Tel): +84  08 6867 7498
Represented by: Ms.BUI THI HONG QUY Position : Director
Tax number: 0314276263
Seller : SHANGHAI KAIQUAN PUMP (GROUP) CO.,LTD.
Address : No857, Wenshui Road, Shanghai City, China.
(Tel): +86-21-56514775 (Fax) : +86-21-56685034
Represented by: DUYUNSHUI Position: GM of Vietnam market
Account number: 3100 6644 114 53000 70617
Name of bank: Bank of Communications, Shanghai Branch, Zhabei Sub-branch
Swift code: COMMCNSHSHI
Beneficiary: Shanghai Kaiquan Pump (Group) Co., LTD
Tax number: 3101 1463 0452 482
This contract is made by and between the Seller and the Buyer; the Buyer has agreed to
buy and the Seller has agreed to sell goods pursuant to the following terms and conditions:
ARTICLE 1. GOODS, PRICE, QUALITY
1.1 Goods Description, Price:
- 01 set Single Stage Vertical Centrifugal pumps:Its type, model, and quantity show in the
attached appendix No.1 which are integral parts of this Contract.
- Contract’s Value: 442USD
(Say: US Dollars: four hundred forty Two).
This price shall be understood as FOB Shanghai Port, China according to Incoterms 2010.
1.2 Quality:
Manufacturer’s export standard, 100% brand new, manufactured in 2017. The Seller has to
supply to The Buyer technical documents, Certificate of Quality issued by Manufacturer,
Certificate of Origin (form E in accordance with ASEAN-CHINA FREE TRADE AREA
PREFERENTIAL TARIFF CERTIFICATE OF ORIGIN (ACFTA).
- Manufacturer:
SHANGHAI KAIQUAN PUMP (GROUP) CO.,LTD.
- Origin: China
- Quality: Manufacturer’s export standard, 100% brand new.
1.3 Packing:
Manufacturer’s export standard packing in wooden with best protection for long inland
transportation and well protected against moisture and shocks.
The goods shall not be packed with any chemical or material that can cause damages or
wear to the goods.

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1.4 Marking:
DP TECHNICAL SERVICES TRADING CO.,LTD
Address : 1351/1/2, Phan Van Tri Str, Ward 10,Go Vap Dist, Ho Chi Minh City, Viet Nam
(Tel): +84  08 6867 7498
Represented by: Ms.BUI THI HONG QUY Position : Director
1.5 Technical Documents:
The Seller has to supply to The Buyer the following technical documents:
+ Detailed Catalogues (including detailed technical drawings): 01 in English
+ User’s guide book: 01 in English
+ Part book: 01 in English.
ARTICLE 2: DELIVERY
2.1 Port of Loading : Any Chinese Inland Clearance Depot (ICD).
2.2 Port of Discharge : FOB Shanghai, China
2.3 Time of delivery : Within 40 days from the date of signing the contact
2.4 Partial delivery : Not Allowed.
2.5 Pre-Shipping Note: Within 05 (five) days before estimated time of departure of carrying
vessel at loading port, The Seller shall inform The Buyer by fax or email.
2.6 Shipping Note: Within 05 days after the departure of carrying vessel (to be considered as
Bill of Lading date), the Seller shall inform The Buyer by fax or email with the following
contents: Contract number, L/C number, B/L Number, Name of vessel, Name of commodity,
Quantity, Total Value of commodity, Packing list, Invoice value, Estimated time of Arrival
(ETA).

ARTICLE 3: TERMS OF PAYMENT


3.1 All payments under this Contract shall be made in US Dollar, which is unique valid in
the Contract.
3.2 All charges relating payments inside Vietnam are on Buyer's account, and all charges
relating payments outside Vietnam are on Seller's account.
3.3 The Buyer's name & address to be shown on all shipping documents must be as follows:
DP TECHNICAL SERVICES TRADING CO.,LTD
Address : 1351/1/2, Phan Van Tri Str, Ward 10,Go Vap Dist, Ho Chi Minh City, Viet Nam
(Tel): +84  08 6867 7498
Represented by: Ms.BUI THI HONG QUY Position: Director
3.4 Payment method:
After signing the contract, The Buyer shall arrange the payment to The Seller 100% of
Contract value by US Dollar for:
Bank: Bank of Communications, Shanghai Branch, Zhabei Sub-branch
Code Swift : COMMCNSHSHI
Address: 7 Wenshui Road Shanghai 200436 China
Account No: 310066441145300070617
Beneficiary: SHANGHAI KAIQUAN PUMP (Group) Co., Ltd
The Seller shall supply following shipment documents to the Buyer within 3 days after the
shipment.
For Shanghai Port, China delivery terms:
 The signed commercial invoice for 100% delivered goods value issued by the Seller
in 03 originals.
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 Packing List issued by the Seller in 03 originals.
 Certificate of origin (CO) and Certificate of Quality (CQ) in 1 orginal and 2 copies
 Certificate of origin E form issued by Chinese chamber of Commerce in 1 original
and 2 copies.
 Oversea transportation cargo insurance policy covering oversea transpotation all risks
as per oversea transpotation cargo insurance clause, 110% invoice values, claim in
Hanoi – Vietnam: 01 Original and 01 copy

ARTICLE 4: TECHNICAL REQUIREMENTS AND OPERATION


4.1 seller produce commodity responsive technical requirements, quality of materials,
according to technical criteria table Appendix.
4.2 After completing installation, the buyer shall notify the seller to assign technical staff to
the pump station in order to operate the device.

ARTICLE 5: PENALTY AND WARRANTY


4.1 . In case The Seller delivers the goods later than that specified in Article 2.3 of this
contract, force majeure excepted, The Seller shall pay The Buyer 0,1% of contract value for
each delayed days, the total of penalty shall not exceed 10% of contract value.
4.2 The goods of this contract shall be guaranteed for 18 months from the delivery date.
4.3 The warranty shall cover against manufacturer’s defect of material and poor workmanship
only, and shall not be applied for damages caused by negligence of operations or mishandling
of the machine.
4.4 In case of claim, The Buyer shall inform The Seller by fax setting forth the details of such
defects. The Seller shall liable to confirm within 24 hours and settle any claim not later than
20 days from the date of receiving claim. Over the period said above, the claim considered as
accepted and the seller must settle according to The Buyer ’s proposal. The Seller shall engage
himself for replacement of commodities by sending new goods and bearing all charges and
expenses connected therewith.
ARTICLE 6: FORCE MAJEURE
5.1 ‘Force majeure’ means an event beyond the control of both parties, such event may
include, but not limited to the followings:
- Acts of God (Earthquake, Flood, Typhoon, etc);
- War, Hostility, Invasion, Mobilization for the war, Expropriation and/or Embargo etc;
- Military coup d’etat, Riot, Rebellion and/or Strike etc;
- Virulence pollution, Nuclear radiation etc;
5.2 The "Force Majeure" shall be advised by the party facing "Force Majeure" to the other
party within a period of 07 working days from the starting of the "Force Majeure". When the
“Force Majeure” is over, both parties shall continue to perform the contract.
5.3 Both parties shall not be responsible for any claim, damage, loss, expense or liability
resulting from delay or failure of the two parties to perform the contract, which is caused by
any force majeure.

ARTICLE 7: RESOLUTION OF DISPUTES


All disputes arising from the execution or in connection with the contract shall be settled
through friendly consultation by both parties. In case no agreement can be reached, the
disputes shall be submitted to Vietnam International Economic and Trade Arbitration
Commission.
ARTICLE 8: RESOLUTION OF DISPUTES

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8.1 This contract shall come into effect from the signing date. Any change and additional
clause to this contract shall be valid only when made in writing and duly confirmed by both
parties.
8.2 This contract is made into 02 English, China originals, each party keeps 01 original with
the same legal . In case of being litigious, both paties shall follow the rules, regulation and
articles of the English part of this contract.
SHANGHAI KAIQUAN
DP TECHNICAL SERVICES TRADING CO.,LTD
PUMP (GROUP) CO.,LTD.

Appendix No. 1
Item Name and Specification unit Quantity Unit Price Total Price Remarks

USD USD

1 Single Stage Vertical Set 1 442 442 Price Includes:


Pump KQL65/160-4/2 Pump + Motor +
Baseplate;
Capacity : 22.5m3/h
Casing: Cast-Iron;
Head: 30m
Shaft: Carbon
Motor Power: 4Kw
Steel C45;
Speed : 2960r/m
Impeller: Cast-Iron;

Mechnical Seal.

Motor:
380V/50HZ/IP55;

3 Total 442

(In word: US Dollars: four hundred forty


Two

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