SALES CONTRACT No. : abcd-efg0001 Date : December
13th
2014 The Buyer Address Tel Represented by
: FRANS BAKING COMPANY : Floor 3 No.320, Siwalankerto Street, Siwalankerto District, Surabaya : +6231-5941234 : Mr. Fransisco Nugraha – Chief Excecutive Officer
The Seller Address Tel Represented by
: : : :
THAILAND MACHINE PRODUCT CO.,LTD No.1 Suphanburi Road, Bangkok, Thailand +6812-1231932 Mr. Ferly Sulistio – Sales Manager
The Contract is made by and between the Buyer and the Seller, whereby the Buyer agrees to buy and the Seller agrees to sell the under – mentioned commodity according to the terms and conditions stipulated below : ARTICLE 1: SCOPE OF THE CONTRACT: 1.1 Description of goods, quantity and price : No Description of Unit Quantity goods price(USD) CIF Khlong Toei 1. ABC1 Baking 50,000 USD 2 Machine 2.
XYZ23 Assembly Machine Total Amount
75,000 USD
Amount
100,000 USD
1
75,000 USD 175,000 USD SAY U.S DOLLARS ONE HUNDRED SEVENTY FIVE THOUSANDS ONLY 1.2 Specifications : Specifications and standard equipments of contracted machines are specified in attached description of goods. 1.3 Quality : The machine must be produced in 2010. All contracted goods must be 100% brand new. 1.4 Manufacture : THAILAND MACHINE PRODUCT CO.,LTD 1.5 Country of origin : Thailand 1.6 Contract value : 175,000 USD (One hundred seventy five thousands only)
ARTICLE 2: PACKING/MARKING: 2.1 The packing is based on the manufacture’s export standard and the packing has to guarantee the safety long term transport. 2.2 The Seller must be responsible for any damage or breaking of the goods until the moment goods are delivered to the Buyer at (KHLONG TOEI PORT). 2.3 Marking : ABCD-XYZ ARTICLE 3: DELIVERY: 3.1 Time of delivery: The shipment of all the commodities of this contract will be ready around (75) days since the date L/C is issued. 3.2 Term of Delivery: CIF KHLONG TOEI (KHLONG TOEI PORT) – Thailand 3.3 Transshipment: Allowed. 3.4 Partial shipment: Allowed. 3.5 Five (5) days before releasing cargo ex- factory, the Seller must inform the Buyer Plan of transport cargo to KHLONG TOEI PORT and date cargo is ready at KHLONG TOEI PORT 3.6 Within three (3) working days after releasing cargo ex- factory, the seller must send the following document to the Buyer by carrier : 1 original signed and stamped Commercial Invoice, showing description of goods, unit price, and total amount in USD. 1 original detailed packing List giving detailed description of goods, dimension, net weight and gross weight. ARTICLE 4: PAYMENT 4.1 Within five (5) working days after signing the contract, the Buyer shall open the L/C at SIGHT in USD with 100% contract value for the seller after signature of contract. BANK NAME BENEFICIARY ADDRESS TEL BENEFICIARY A/C NO. SWIFT CODE
: NATIONAL BANK OF THAILAND BANGKOK BRANCH : THAILAND MACHINE PRODUCT CO.,LTD : No.1 Suphanburi Road, Bangkok, Thailand : +6812-1231932 : 101010101000123 : QWERTY
4.2 Payment of 100% contract value shall be made upon presentation of the following Documents to the Issuing bank by the Seller: (This is L/C international article) 2 original signed and stamped Commercial Invoice, showing description of goods, unit price, and total amount in USD. 2 original detailed packing List giving detailed description of goods, dimension, net weight and gross weight. Original Bill of Lading.
1 copy Certificate of Origin issued by Chamber of Commerce of Thailand. This item should be prepared according the requirements on the L/C. 4.3 L/C shall be valid in 96 day from the data of L/C issuing. 4.4 All document sets for payments shall be made in English and all transferred via the bank by which the buyer opens the L/C and these Bonds and document mus be accepted by the Buyer and the Seller. 4.5 All bank charges outside Indonesia are for the Seller’s account. ARTICLE 5: WARRANTY AND AFTER SALE SERVICE: 5.1 Duration of warranty of the machine (except any consumable parts and standard accessories) is 12 months from the date Protocol of Goods Handover is signed. 5.2 The Seller is responsible for setting and bearing all charges and expenses related to the costs for workmanship and materials caused from faulty designed of the machinery and or poor workmanship within the period warranty. ARTICLE 6: ARBITRATION: 6.1 Throughout the execution course of this contract, all disputes shall be settled by negotiation between both parties. If the both parties not to reach the amicable agreement, disputes shall be referred to the Thailand Council for the Promotion of International Trade Thailand Branch. All awards of arbitrators shall be final and binding on both parties. 6.2 The fee for arbitration and the other charges shall be borne by the losing party. ARTICLE 7: FORCE MAJEURE: 7.1 War, fire, floods, and earthwakes which may be occurred in equipment manufacturing country and in Indonesia shall be considered as force majored. 7.2 If force majored situation arise, the Seller should notify the Purchaser in writing of such condition with the certification of the local authority in power within 7 days. Beyond this period, the event shall not be considered as force majored. 7.3 If there is not direct reply in writing of the Buyer, the Seller will continue to execute his obligation as stipulated in this contract in possible abilities and seek for any counter measure in orger to excite the contract. The delay time of force majored will be counted in equipment acceptance and handover time. ARTICLE 8: PENALTY: Except cases stipulated in Article 7, in case of delay goods delivery, the penalty for mentioned delays shall be counted in the amount 0,5% of the contract value for each completed week of delay. However, total delay time should not exceed 1 month after the
latest delivery time mentioned in this contract otherwise the Buyer has right to terminate this contract and all arising cost and damage caused by this delay will be borne by the Seller. ARTICLE 10: GENERAL REGULATIONS: This contract comes into effect since the date the seller receives L/C payment order by fax. Any amendment and addition clause to these conditions shall be valid only if made in written form and duly confirmed by both parties. The present contract was made in English at December 2014 in duplicate of equal force two of which are kept by each party. FOR THE SELLER BUYER
FOR THE
