Chapter 2 Incoterms and Contracts
Chapter 2 Incoterms and Contracts
Chapter 2 Incoterms and Contracts
Chapter 2
INCOTERMS & FOREIGN
TRADE CONTRACT
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* Content:
2.1. Incoterms
2.1.1. General introduction to Incoterms
2.1.2. Incoterms 2020
2.1.3. Notes on Incoterms
2.2. Foreign trade contract
2.2.1. Definition, characteristics and forms
2.2.2. Legal framework
2.2.3. Content 3
2.1. INCOTERMS
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để dưới đất thì ng mua chịu luôn chi phí bốc hàng lên
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bến đi chính,
người mua chịu chi phí dở hàng khỏi
phương tiện của ng bán
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special
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1. Introduction part:
Ex.: CONTRACT
No : 07N/AM/12
Date : Jan. 08, 2012
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4. Conclusion part:
For example:
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* For example:
ARTICLE 2 : QUALITY :
- Brand new 100%, fabricated in 2011 or 2012.
- The push button plates and signal plates will be
in English. All measuring scales are to be
graduated according to metric system.
- All machines are of Japanese origin and are to
be manufactured by ABC MACHINES,
Toyohashi, Japan. 68
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ARTICLE 5 : INSURANCE :
- Be covered by the seller.
- Insurance is covered by Clause A for 110% invoice
value and covered up to the installation, procedures
and trial operation at the buyer’s factory whose address
must be presented in the insurance certificate : 75 Le
Van Luong Street, District 7, Hochiminh City, Vietnam
as the ending place of insurance.
- The insurance certificate marked that the
compensative expenses must be paid in Hochiminh
city, Vietnam.
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ARTICLE 7 : PENALTY :
In case of late shipment, the penalty amount
being charged by the seller is 1.5% of contract
value for the late maximum of 30 days. If the
late time is more than 30 days, the buyer can
cancel the contract without compensation.
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ARTICLE 8 : WARRANTY :
8.1. Warranty period : The warranty time is 12 months from
the date of signing the Report of checking and taking over.
8.2. If there are any defects, damage or malfunction of goods
due to the seller’s faults discovered in the warranty time, the
buyer will inform the seller by fax/telex and within 15 days
after the date of receiving the buyer’s announcement, the
seller will bear all charges and expenses to rectify such
irregularities by means of either provision of service,
correction, alteration and/or replacement. In this case, the
warranty time will be extended autically the correspondent
time with the time that the machine do not operate due to its
malfunction.
In the case of defects caused by the buyer, the buyer will bear
all costs relating to the repair. 82
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ARTICLE 10 : CLAIMS :
In case of claim on quality and quantity discrepancy against
the seller, the buyer shall officially notify the seller by telex or
fax and dispatch the official claims together the original survey
report issued by any Inspection Company in Vietnam within 90
days after receipt of goods. All survey charges are born by the
party causing the faults.
All these claims must be solved right away within 30 days
from the date of receiving the buyer’s claim letter.
All other claims relating to the equipment in the warranty time
must be sent to the seller by telex or fax but not later than
within 30 days from the date of discovering the defects. The
seller must solve them right away according to the warranty
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conditions being negotiated.
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ARTICLE 11 : ARBITRATION :
- If any disputes in connection with this contract are
not settled amicably by both parties within 30 days,
they will be referred to Vietnamese International
Arbitration Center beside Chamber of Commerce
and Industry of Vietnam and will be based on the
Vietnamese law.
- The Vietnamese arbitration’s decision is considered
final for both parties.
- The arbitration fee and other charges shall be borne
by the losing party unless otherwise agreed . 88
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