BỘ GIÁO DỤC ĐÀO TẠOTRƯỜNG ĐẠI HỌC THĂNG LONG---o0o---BÀI GIỮA KÌ MÔN: NGHIỆP VỤ XUẤT NHẬP KHẨUĐề bài:Soạn thảo hợp đồng ngoại thương bằng tiếng Anh với các chi tiết được cung cấp và tự thiết lập các giả thiết, điều khoản cần thiết thích hợp :Phía Việt Nam bán 1 lô hàng 3000 tấn cafee , dung sai cho phép là +/- 1,5% , giá là 1800 USD/MT, ngày kí hợp đồng là 5/5/2013, ngày giao hàng muộn nhất là 15/5/2013. Thanh toán bằng điện (T/T) , 50% thanh toán sau khi giao hàng 7 ngày, 50% còn lại thanh toán sau khi giao hàng 30 ngày. Giáo viên hướng dẫn : Vũ Ngọc ThắngSinh viên thực hiện : Đỗ Trọng QuỳnhMã sinh viên : A14472HÀ NỘI – 2013 SALE CONTRACTNo: SC.10/0840Date: January,10th,2013BETWEEN THE SELLER NAM TRUONG SON CO., LTD107 Tan Tien, Ea Na, Krong Ana, DakLak, VietnamTel: 0500.3638879 - Fax: 0500.3638979Represented by Mr. Truong Minh Phat - Deputy Genaral Manager Hereinafter called THE SELLERAND THE BUYER HIGHTLAND INTERNATIONAL CO,. LTD701 First Avenue, Sunnyvale, CA, USATel: (408) 349-3300 - Fax: (408) 349-3301Hereinafter called THE BUYERIt has been mutually agreed between The Seller and The Buyer to this contract on the folling terms and conditions:ARTICLE1: COMMODITY - QUANLITY - QUANTITY – UNIT PRICE 1.1 Commodity: Robusta coffee grade 11.2 Origin of the commodity: Daklak provice Viet Nam 1.3 Quality: 1.Crop : 2007 2.Moisture : 2% max 3. Impurities : 1% max 4. Black broken coffee bean : 2% max Coffee bean on sieve 13 (6 mm): 90% min 1.4 Quantity: 3000,00 MT (1.5% more or less at Seller option).1.5 Packing: in new single jute bags of 50 kgs net each.1.6 Unit price: 1.800,00 MT EWX (Incorterm 2010)No Description Origin Quantity(+/-1.5%)Unit Price(USD/MT)Amount(USD)1 Coffee grade 1 Daklak 3.000,00 MT 1.800,00 5.400.000,00TOTAL 5.400.000,00Price: To understood as EWX (Incoterm 2010)ARTICLE 2: SHIPMENT2.1 Time of shipment: Not later than May 15th,2013 (On or before May 15th,2013).2.2 Partial shipment : Not allowed 2.3 Transhipment : Not allowed 2.4 Shipped from : Nam Truong Son’s Warehouse2.5 Shipped to : Any port in USA through any shipping line ARTICLE 3: PAYMENT− Payment by Telegraphic transfer (SWIFT)− 50% of the total contract value have to pay within 07 days from the date of deliverythe remaining and 50% of the total contract value will be paid within 30 days from the date of deliveryBANK NAME: Marritime bankBANK ADDRESS: 88 Langha, Dongda, Hanoi, VietNamBANK SWIFT: SMCVHBARTICLE 4: DOCUMENT REQUIRED- Commercial Invoice- Packing list issued by Shipper- 3/3 Clean on Board Bill of Lading marked Freight Prepaid- Certificate of origin issued by the Vietnam Chamber of Commerce- Phytosanitary certificate issued by the Ministry of Agriculture- Certificate of quality, quantity, weight and packing issued by Vinacontrol HCM City- Certificate of fumigation issued by the Ministry of AgricultureARTICLE 5: INSPECTION AND FUMIGATION - The inspection of quality/weight/packing to be effected final by Vinacontrol prior to shipment at the Seller's account.- Fumigation: To be effected on a means of transport after completion of loading at the Seller's expenses. The expenses for vessel's crew who will land on shore during fumigate on such as accommodation and meals etc. shall be at the Buyer's account.ARTICLE 6 : INSURANCE Insurance for the contracted goods will be covered by the Buyer. The seller should supply to the Buyer all necessary documents / information in time for arranging cargo insurance.ARTICLE 7 : PENALTY If buyer wanted to cancel the contract, 5% of total contract value would be charged as penalty to that partyIf the seller has implemented the articles of the contract exactly, the buyer does not pay to the seller through TTR 15 days after shipment date the buyer has to compensate for the seller 3% of the total contract value.ARTICLE 8 : COMPLAINTAny complaint of quality and quantity, if any, the buyer will inform the seller by fax about that effect. Then within 30 days from the day of discharging the buyer will lodge a formal claim with proper documents issued by Vinacontrol HCM City recognised public surveyor. Such claim will be settled by the seller within 45 days upon receipt of the buyer’s formal claim. After the above mentioned specified date all claims will become null and void.ARTICLE 9: FORCE MAJEURE Seller is not liable for any penalty of delay delivery of all or any of this contract caused by any contingency beyond its control or beyond the control of, or converted by its contract to furnish this commodity. Such contingencies shall include, but not limited to governmental or other restraints affecting shipment or credit, strikes, lockouts, floods, droughts, short or reduced supply of fuel or raw materials declared or undeclared wars revolutions, fires cyclones or hurricanes, epidemics or any other acts of good or force majeure.ARTICLE 10 : ARBITRATION In case of disputes and it contracting parties can not reach an amicable settlement of the claim within 60 days from its occurrence the case will be transfered to the arbitration chamber of Hochiminh City Chamber of Commerce for final settlement. A panel of 3 Arbitration will be formed, each party appointing one arbitrator and both shall appointing a third one as president of panel. The decision taken by the arbitration panel shall be final and binding.Arbitration fees shall be at the losing party's account.ARTICLE 11: ADDITIONAL CONDITIONS11 This contract comes into effect since the date of signing and both parties undertake to execute strictly all the terms and conditions. All previous agreements shall become null and void. 11 Any changes or amendments to this contract shall be made in writing and subject to prior approval from both parties.13 This contract is made in English language in 04 originals, two of which are retained by each party. 14 Signing via fax is acceptable. FOR THE SELLER FOR THE BUYER . BỘ GIÁO DỤC ĐÀO TẠOTRƯỜNG ĐẠI HỌC THĂNG LONG---o0o---BÀI GIỮA KÌ MÔN: NGHIỆP VỤ XUẤT NHẬP KHẨUĐề bài: Soạn thảo hợp đồng ngoại thương bằng tiếng Anh với. cancel the contract, 5% of total contract value would be charged as penalty to that partyIf the seller has implemented the articles of the contract exactly,