by blulay » Fri Apr 29, 2016 2:59 pm
I've been working to export our air purifiers to China. Wayne helped me yesterday to do some checking like verify IP address is in the general location and email is legit etc. All ok. He and I couldn't find any immediate red flags on my other but wanted to pass this one by you guys.
The one odd thing to me is that this one is asking for our lower tiered pricing at 625 for 800 units instead of 2nd level at 495 for 1000 units. One our international experts said maybe customs or shipping changes when they hit the 1000 mark.
Here is the contract they sent me:
Contract
CONTRACT NO.:
SIGNED AT:
THE BUYER: XI'AN YA LIN TRADE CO.LTD
ADDRESS : No.46 Middle HanGuang Road Xian city Shaanxi province in China
TEL: +86-29-68873791
THE SELLER:
ADDRESS:
TEL:
FAX:
Regarding the following products, in order to achieve a long-term and good cooperation, with the principle of mutual benefits, the two sides reach an agreement as follows.
1) Price details (USD):
Product
Type Unit Price Qty Total Amount
Air Purifiers 625USD 800PCS 500000USD
The Total Amount is 500000USD.
2.) Country and Manufacturers:
3.) Delivery time:
Take delivery of the First lot goods after 60 days of receipt the initial payment of 50%. Period of Delivery is months.
4.) Delivery term:
All the prices are on EX works and the freight charges will be paid by buyer only. Buyer will be responsible for all shipping cost, insurance, duties, taxes and related items.
5.) Quality:
Seller should satisfy the buyer in the product in quality and quantity as well as delivery time, if not the Seller for that, the Seller should be responsible for the exchanges of product.
6.) Payment:
After signing the formal contract, buyer will prepay 50% production deposit of Total Value by T/T within 30 days (within Contract Period decides the time limit for this project). and Balance 50% will be paid to Seller Bank by L/C prior to shipment.
7.) Packaging:
Seller provide standard packaging, Seller pays the packaging charges. Packing should suitable for sea freight.
8.) Breach of faith:
If Seller is more than thirty (30) days late in delivery or the payment is delayed more than thirty (30) days, both will be considered breach actions, the breach party should pay the other party 5% compensation of the total value of the contract.
8.) Solve methods:
Negotiation or solve by the arbitration bureau in a third country, not USA or China, in a Chamber of Commerce in common consent.
9.) Force Majeure:
The Sellers shall not be held responsible for the delay in shipment or non-delivery of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading or transit. The Seller shall advise the Buyer immediately of the occurrence mentioned above and within fourteen days thereafter, the Sellers shall send by airmail to the Buyers for their acceptance a certificate of the accident issued by the Competent Government Authorities where the accident occurs as evidence thereof. Under such circumstances the Sellers,
However, are still under the obligation to take all necessary measures to hasten the delivery of the goods. In case the accident lasts for more than 10 weeks, the Buyers shall have the right to cancel the Contract.
10.) Signature Effect
The contract shall come into effect immediately after the contract is signed by two parties in China.
The contract is executed in English. The contract is in 2 copies, effective since being signed/sealed by both parties.
Seller: Buyer: XI'AN YA LIN TRADE CO.LTD
Signature Signature:
Date: Date:
Thank you,
Barb