Sales Contract Sample

유형별 국제 계약서 샘플 ① 매매 계약서 ( Sales Contract) 국제 비즈니스를 하다 보면 비즈니스 레터를 쓸 경우가 많이 발생되는데, 이에 못지 않게 계약서를 작성할 경우도 많이 발생됩니다. 한편, 여러 가지 계약서 중에서도 단연 매매계약서를 작성 할 기회가 가장 많다고 볼 수 있는데, 매매계약서의 종류에는 한 장 짜리 아주 간단한 것에서 부터 몇 수 십장에 이르는 복잡한 것 까지 아주 다양합니다. 계약서는 그 분량이 중요한 것이 아니라 각 계약 상황에 맞게 어떠한 내용이 담겨져 있는가가 중요하기 때문에 계약 금액이 적다고 해서 계약서를 간단하고 대충대충 작성 해도 된다는 사고는 아주 잘못된 것이며, 모든 계약서 작성시에는 하나하나의 문장에 충실 해야 합니다. 여기에서는 레터 형식으로 작성된 아주 간단한 매매계약서와 비교적 상세한 내용이 담겨져 있는 매매계약서의 샘플을 예로 들도록 하겠습니다. 매매 계약서 샘플(1) SALES CONTRACT This is to confirm‎ sales to your company of the under mentioned commodity in accordance with the following terms and conditions ; ① Commodity : Car Stereo Speaker ② Quantity : 1,000sets ③ Unit price : US $500.- ④ Amount : US $500,000.- CIF Vancouver seaport / Canada ⑤ Shipment from : Busan seaport, Korea ⑥ Destination : Vancouver seaport, B.C, Canada ⑦ Latest date of shipment : August 15, 1997 ⑧ Terms of payment : T/T (Telegraphic Transfer) remittance to ABC’s designated bank account ⑨ Remarks : i) Partial shipment not allowed ii) The detailed bank account of ABC will be informed to XYZ by fax later. For and on behalf of ABC ------------------- Name : Title : For and on behalf of XYZ --------------------- Name : Title : 매매 계약서 샘플(2) SALES CONTRACT by and between ABC Co., Ltd. C.P.O Box No. 112-1, Jongro-Ku, Seoul, Korea ( hereinafter referred to as “Buyer” ) and XYZ Co., Ltd. C.P.O Box No. 211-1, Sanford, NC, 777-1234,U.S.A ( hereinafter referred to as “Seller” ) have concluded a CONTRACT No. ABCXYZ-970917 for the supply of CARPET MAKING SYSTEM contract terms, conditions and scope of supply as per the following pages. Article 1. Price Total Price F.O.B Charleston seaport, SC, U.S.A is US $700,000.- according to INCOTERMS 1990 Without duty, without clearance charges, without any taxes in the country of consignee, without any other dues or taxes and/or duties ,etc. All taxes in the country of the consignee are to be paid by Buyer, all taxes in U.S.A are to be paid by Seller. The total price does not include the cost for any official applications, examinations, inspections and approvals that may be necessary. These will be paid by the Buyer. Article 2. Payment Conditions The amount due under this contract shall be paid in US Dollars in favor of the Seller’s account. 100% of the order amount covered by an irrevocable and at sight Letter of Credit opened by Buyer in favor of Seller as follows ; 1. General content in the irrevocable Letter of Credit to be opened as soon as possible, but, at the latest, October 15, 1997 ; - Trade Term : F.O.B Charleston seaport, SC, U.S.A - Tenor : At sight - Document presentation period : 21 days - Confirmation : To be confirmed on account of Beneficiary, if necessary - Partial shipment : Allowed - Transshipment : Allowed - Shipping port : Charleston seaport, SC, U.S.A - Unloading port : Busan seaport, Korea 2. Documents required ; - A full sets of clean ocean bill of lading - Signed commercial invoice one original plus three copies - Signed packing list one original plus three copies - Certificate of origin issued by U.S.A chamber of commerce. - Inspection certificate issued by authorized institutes Article 3. Delivery Period All equipment until January 23, 1998 F.O.B Charleston seaport, SC, U.S.A Article 4. Scope of Supply The scope of supply is limited to the description in Appendix 1 of this contract. Article 5. Guarantees and Guarantee period 5.1 The Seller guarantees that all machinery and equipment supplied under this Contract shall be new and unused and of first class material and design in accordance with specifications in Appendix 1 and that under normal operating conditions will show no defects due to faulty design inferior materials or bad workmanship. 5.2 The guarantee period for the machinery and equipment shall be twelve(12) months from the date of taking over signature of the machinery & equipment by the Buyer, and during the said period, the Buyer undertakes to keep the machinery and equipment in good working condition in accordance with the Seller’s maintenance and operating instructions. 5.3 The Seller will repair or replace at Seller’s cost those parts of the machinery and equipment supplied by the Seller which prove defective due to faulty design, poor quality of material or bad workmanship. Normal wear and tear is excluded from this guarantee. 5.4 Should there any delay in the execution of the Contract for reasons beyond the control of the Seller the guarantee period shall expire not later than eighteen(18) months after the date of the last partshipment. Article 6. Liquidated Damages 6.1 For delivery In case the Seller shall not deliver the goods within the time agreed upon, the Seller shall pay to the Buyer the following liquidated damages ; The first two(2) weeks of delay shall be liquidated damage free (Grace period). After this, 0.5% for each full week of delay, calculated on the value of late delivery, maximum 2.5% of the Contract value will be applicable. 6.2 For guarantee figures If due to the Seller’s fault, the guarantee figures specified in Appendix 2 of the Contract can not be reached after expiration of the commission period, the Seller shall pay the liquidated damages of 0.5% of the Contract price, but shall not exceed 3% of the Contract price. Article 7. Arbitration The parties agree to settle any disputes arising under this Contract by friendly negotiations. Where no settlement can be reached a decision is to be rendered by arbitration on the basis of the Rules of Arbitration of the International Chamber of Commerce at Singapore and seated in Singapore. Any decision reached by arbitration shall be binding on either or both parties. Article 8. Legal Address All notification related to the Contract should be made in writing and addressed to the legal addresses of both parties as follows ; The Buyer Name : ABC Co, Ltd. Address : C.P.O Box No. 112-1, Jongro-ku, Seoul, Korea Phone : +82-2-1234-567 Fax : +82-2-1234-789 The Seller Name : XYZ Co, Ltd. Address : C.P.O Box No. 211-1, Sanford, NC, 777-1234, U.S.A Phone : +1-919-9876-5431 Fax : +1-919-9876-5432 Article 9. Miscellaneous 9.1 Language The English language shall be the language to be used in all correspondence, instructions, notices, documents and any other data to be exchanged between the parties under this Contract. 9.2 Metric System All weights, dimensions and measures shall be in the metric system. Article 10. Modification, Amendment and Alteration No modification, amendment and alteration to this Contract shall be made without written consent of each party. Article 11. General Terms and Conditions The general conditions of sale of the Seller are listed in the Appendix 3 and shall form an internal part of this Contract. In case of contradictions between the general terms of sale and these Contract terms, the Contract terms shall prevail. Article 12. Contract coming into force The date of this Contract coming into force shall be the date when all the following formalities have been complied with ; 12.1 The Contract is signed by both parties. 12.2 The Contract is approved by the competent authorities in Korea and in U.S.A (if any) Article 13. Appendix The attached appendices form an internal part of this Contract and shall have the same validity as the Contract itself. Date : September 17, 1997 For and on behalf of ABC ------------------- Name : Title : For and on behalf of XYZ --------------------- Name : Title :