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SALES CONTRACT

THE SELLER: NO. YH08039

SHANDONG YIHAI IMP. & EXP. CO.,LTD. DATE: DEC.1, 2008

NO. 51 JINSHUI ROAD, QINGDAO, CHINA SIGNED AT: QINGDAO,CHINA

THE BUYER:

LINSA PUBLICIDAD, S.A.

VALENCIA, 195 BAJOS. 08011. BARCELONA, SPAIN

This Sales Contract is made by and between the Sellers and the Buyers, whereby the sellers

agree to sell and the buyers agree to buy the under-mentioned goods according to the terms and

conditions stipulated below:

Commodity & Specification Quantity Price Terms

Unit price Amount

CARDHOLDER

DYED COW LEATHER

BLACK

BROWN

5000PCS

8000PCS

FOB QINGDAO

USD1.45/PC

USD1.50/PC

USD 7250.00

USD12000.00

USD19250.00

Total amount: U.S.DOLLARS NINETEEN THOUSAND TWO HUNDRED AND FIFTY ONLY

Packing: 1PC/POLYBAG, 500PCS/CTN Shipping Mark: L.P.

Time of Shipment: DURING JAN. 2009 BY SEA BARCELONA

NOS.1-26

Loading Port and Destination: FROM QINGDAO TO BARCELONA

Partial Shipment and Transshipment: ALLOWED

Insurance: TO BE EFFECTED BY THE BUYER.

Terms of Payment: THE BUYER SHALL OPEN THROUGH A BANK ACCEPTABLE TO

THE SELLER AN IRREVOCABLE SIGHT LETTER OF CREDIT TO

REACH THE SELLER 30 DAYS BEFORE THE MONTH OF SHIPMENT

AND TO REMAIN VALID FOR NEGOTIATION IN CHINA UNTIL THE

15th DAY AFTER THE FORESAID TIME OF SHIPMENT.

ISSUE OF DOCUMENTARY CREDIT

27: SEQUENCE OF TOTAL：1/1

40A: FORM. OF DOC.CREDIT ：IRREVOCABLE

20: DOC.CREDIT NUMBER ：103CD137273

31C: DATE OF ISSUE ：081215

40E: APPLICABLE RULES ：UCP LATEST VERSION

31D: DATE AND PLACE OF EXPIRY ：DATE 090202 PLACE IN SPAIN

51D:APPLICANT BANK：BANCO SANTANDER, S.A.

28660 BOADILLA DEL BARCELONA, SPAIN

50: APPLICANT ：LINSA PUBLICIDAD, S.A.

VALENCIA, 195 BAJOS. 08011. BARCELONA, SPAIN

59: BENEFICIARY ：SHANDONG YIHAN IMP. & EXP. CO., LTD.

NO. 51 JINSHUI ROAD, QINGDAO, CHINA

32B: AMOUNT ：CURRENCY EUR AMOUNT 19250.00

41A:AVAILABLE WITH…BY ANY BANK IN CHINA BY NEGOTIATION

42C:DRAFTS AT… 30 DAYS AFTER SIGHT

42A:DRAWEE ：LINSA PUBLICIDAD, S.A.

43P:PARTIAL SHIPMTS：NOT ALLOWED

43T:TRANSSHIPMENT：NOT ALLOWED

44E:PORT OF LOADING：ANY CHINESE PORT

44F:PORT OF DISCHARGE ：VALENCIA, SPAIN

44C:LATEST DATE OF SHIPMENT：090115

45A:DESCRIPTION OF GOODS

GOODS AS PER S/C NO. YH08036 DATED ON DEC. 1, 2008

CARDHOLDER DYED COW LEATHER

BLACK COLOUR/8000PCS AT USD1.45/PC FOB QINGDAO

BROWN COLOUR/5000PCS AT USD1.50/PC FOB QINGDAO

PACKING: 200PCS/CTN

46A:DOCUMENTS REQUIRED

1. SIGNED COMMERCIAL INVOICE IN 3 COPIES

2. CERTIFICATE OF ORIGIN GSP FORM. A ISSUED BY OFFICIAL AUTHORITIES

3. PACKING LIST IN 3 COPIES

4. FULL SET CLEAN ON BOARD BILLS OF LADING MADE OUT TO ORDER MARKED

FREIGHT PREPAID AND NOTIFY APPLICANT

5. INSURANCE POLICY/CERTIFICATE IN DUPLICATE ENDORSED IN BLANK FOR

110% INVOICE VALUE COVERING ALL RISKS AND WAR RISK AS PER CIC.

47A: ADDITIONAL CONDITIONS

BILL OF LADING ONLY ACCEPTABLE IF ISSUED BY ONE OF THE

FOLLOWING SHIPPING COMPANIES: KUEHNE-NAGEL (BLUE ANCHOR LINE)

VILTRANS (CHINA) INT’L FORWARDING LTD. OR VILTRANS SHIPPING (HK) CO.,

LTD.

71B: CHARGES：ALL CHARGES ARE TO BE BORN BY BENEFICIARY

48: PERIOD FOR PRESENTATION：WITHIN 5 DAYS AFTER THE DATE OF SHIPMENT,

BUT WITHIN THE VALIDITY OF THIS CREDIT

49: CONFIRMATION INSTRUCTION：WITHOUT

经审核信用证需要修改的内容如下：

提问人：网友mfkfnjjj 发布时间：2022-01-07
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更多“SALES CONTRACT”相关的问题
第1题
海运托运单是（）。

A、letter of credit，L/C

B、booking note, B/N

C、bill of lading, B/L

D、sales contract, S/C

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第2题
预约保险以（）代替投保单，说明投保的一方已办理了投保手续。

A、B/L

B、Shipping advise from abroad

C、Mate，s receipt

D、Sales contract

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第3题
The seller had made a sales contract with the buyer under the FOB term，therefore the scope
of Freight forwarder’s service on behalf of the buyer normally does not include ()．

A．arranging import customs clearance

B．taking delivery of the goods from the carrier

C．arranging export customs clearance

D．booking space with the marine carrier

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第4题
Which of the following is true of consideration for modifying a sales or lease contract under the Uniform. Commercial Code（).

A.An agreement modifying a contract needs no consideration to be binding

B.Modifying a contract requires consideration from the offeree's side

C.An offeror who modifies a contract must do so by providing reasonable consideration

D.The party providing the consideration must complete it within three months of acceptance

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第5题
The seller had made a sales contract under the CFR term with the buyer,therefore t
he scope of freight forwarder' s service on behalf of the buyer includes（）.

A．arranging export customs clearance

B．booking space with the NVOCC

C．arranging import customs clearance

D．booking space with the marine carrier

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第6题
The seller had made a sales contract with the buyer under the FOB term, therefore
the scope of Freight forwarder' s service on behalf of the buyer normally does not include （）.

A．arranging import customs clearance

B．taking delivery of the goods from the carrier

C．arranging export customs clearance

D．booking space with the marine carrier

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第7题
The seller had made a sales contract with the buyer under the CFR term, therefore the scop
e of freight forwarder’s service on behalf of the seller normally does not include ()

A.arranging import customs clearance

B.delivering the goods to the carrier at the port of shipment

C.arranging export customs clearance

D.booking space with the marine carrier

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第8题
the scope of freight forwarder’s service on behalf of the consignor normally does not incl
ude () when the consignor has made a sales contract with the buyer under the FOB terms

A.arranging cargo insurance for sea carriage

B.taking delivery of the goods to the carrier

C.arranging export customs clearance

D.packing the goods

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第9题
Aishen Garment Co entered into a contract with Bulinger Store to sell 10,000 pieces of spo
rtswear to the latter. Under the contract Aishen Garment Co would deliver the goods at Bulinger Store’s warehouse by 30 June 2012 and receive payment upon delivery of the goods.

Having found market conditions tough after the conclusion of the contract, Bulinger Store asked to decrease the quantity of goods, but Aishen Garment Co disagreed. At this moment, Bulinger Store learnt that a company named Conka Sales intended to buy the same garments and resell them to another province. Therefore, Bulinger Store concluded an agreement with Conka Sales to transfer the rights and obligations under its contract with Aishen Garment Co.

Bulinger Store sent a letter to Aishen Garment Co, notifying it that the rights and obligations under the contract had been transferred to Conka Sales. Aishen Garment Co did not reply to the letter.

On 15 June 2012, however, Aishen Garment Co sent a fax to advise Conka Sales to be prepared for receiving the goods. At the end of June Aishen Garment Co delivered 10,000 pieces of sportswear to the premises of Conka Sales and received the total price paid by Conka Sales. However, a certificate of inspection issued by an independent institute indicated that nearly 30% of the goods were below the quality standard. Therefore, Conka Sales intended to reject the goods. Aishen Garment Co insisted that there was no contractual relationship between them, since it was merely under its contract with Bulinger Store to directly deliver the goods to Conka Sales.

Required:

Answer the following questions in accordance with the Contract Law of China, and give your reasons for your answers:

(a) state whether there was a contractual relationship between Aishen Garment Co and Conka Sales; (8 marks)

(b) state whether Aishen Garment Co or Bulinger Store should be liable for the defects of the goods. (2 marks)

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第10题
Buyer and Seller entered into a sales contract to buy 10,000 kg chemical products at a pri
ce of RMB 200 yuan/kg, totalling RMB 2 million yuan. Among other things, the sales contract stipulated the following terms and conditions: within 10 days after the conclusion of the contract Buyer would make the advance payment of RMB 500,000 yuan and Seller was to deliver all the goods to the place of Buyer; the remaining price of RMB 1·5 million yuan should be paid within five days upon the delivery of goods; any breach of contract should be subject to the liquidated damages equivalent to 20% of the total price.

Buyer made the advance payment, but Seller did not deliver any goods. Buyer urged Seller to deliver the goods immediately, as its production would be seriously affected by the short supply of the goods. However, Seller declared force majeure as the reason for non-delivery. Seller insisted that it was only a trading company, not a producer of the chemical products. Seller alleged that upon the conclusion of the contract, it entered into a purchase agreement with a producer to buy the goods from the latter. Due to a fire accident, the producer could not supply the goods under the purchase agreement; Seller therefore could not deliver the goods to Buyer. Non-delivery of goods was due to force majeure that caused the failure to supply the goods by the producer to Seller.

Buyer refused to accept Seller’s argument and bought 10,000 kg of the same products for replacement at a price of RMB 220 yuan/kg, resulting in a total extra cost of RMB 200,000 yuan. Meanwhile it filed a lawsuit against Seller in the court, requesting liquidated damages of RMB 400,000 yuan (20% of the total price) and the damages of RMB 200,000 yuan for extra price caused for the urgent purchase.

Required:

Answer the following questions in accordance with the relevant provisions of the Contract Law, and give your reasons for your answer:

(a) state whether Seller’s argument of force majeure can be established; (5 marks)

(b) state whether Buyer’s claims for liquidated damages and damages should be supported by the court. (5 marks)

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第11题
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