contract
contract
No:01/TWP-AK
Date: April 12th, 2025
This contract is mutually agreed and signed by the seller and the buyer with below terms and
conditions:
Article 1: Commodity, Marking, Quantity and Price:
It is agreed that the Seller commits to sell and the Buyer commits to buy the following described
goods upon the terms and conditions hereinafter set forth:
Total 41,600
( In words: Forty-one thousand six hundred US dollars)
The above price is understood to be CIF Nhava Sheva port, India according to INCOTERMS 2020
Tolerance in quantity and amount: +/-10%
As per Buyer’s instruction, marking should be sent to the Seller right after the contract is signed.
After the marking is confirmed, any changes will be paid by the buyer.
Article 2: Delivery:
Loading: in 01 x 40FT
Estimated delivery time: in April
Loading port: Hai Phong port, Vietnam.
Port of discharge: Nhava Sheva port, India
Article 3: Payment terms :
Advanced amount is 20% of the contract amount to be paid right after the contract is signed
The balance of 80% shall be paid by T/T (telegraphic transfer) no later than three (03) days from the
date the Seller provides a complete scanned copy of the shipping documents to the Buyer.
Seller’s bank: Tien Phong commercial joint stock bank – Nam Ha Noi branch
Swift: TPBVVNVX
Seller Account name: AN KHANG AGRICULTURAL PRODUCTS XNK JOINT STOCK
COMPANY
Seller Account number: 67955556666
Article 4: Document requirements for payment:
Full set of Bill of Lading (B/L)
Commercial invoice: in triplicate
Packing list: in triplicate
Certificate of origin: 1 original + 1 copy
Phytosanitary certificate: 1 original + 1 copy
Fumigation certificate: 1 original + 1 copy
Article 5: Late delivery, late payment and cancelation:
Late delivery: Delivery time is calculated from the moment the buyer signed the
contract. Whenever being aware of a delay in delivery, the Seller is responsible for notifying the
Buyer promptly, also pointing out reasons for the delay and stating the new delivery date. If the delay
results from delayed access to raw material, mechanical breakdown, or another similar circumstance,
the Seller is not required to compensate the Buyer for any resulting loss that the Buyer may incur.
The Seller is not legally responsible to compensate the Buyer for any indirect damage, including, but
not restricted to, production loss, loss or profit or another consequential financial loss arising from a
delay or faulty delivery.
Late payment and cancelation: In the even of non payment from the buyer or due to
unresolved issues, the supplier has the right to either sell the cargo to some other buyer/destination or
recall the container back to the port of loading. In this scenario this contract will function as a No
Objection Certificate from the Buyer allowing the supplier to act as per their interest.
In the event of the above, the expenses so incurred will be recovered from the advance
payment paid by the buyer.
In case the Buyer fails to make payment as above schedule, the Buyer shall pay penalty
of 6% of the Contract value per day delayed.
Article 6: The statute of limitations for claims:
The time to receive claims is within 30 days from the date the Buyer receives the goods
at the port of destination. After this time, the Seller does not accept and resolve any claims about the
quality of the goods.
Article 7: Force majeure:
The force major clause of the international Chamber of commerce (ICC publication
No.421) is hereby incorporated in this contract.
Article 8: Arbitration
Any disputes arising in connection with the present contract if not amicably settled by both parties
will be submitted and finally settled by Vietnam International Arbitration Centre (VIAC) attached to
the Vietnam Chamber of Commerce and Industry (VCCI) in Ha noi,
Vietnam under the Rules of this Centre.
Article 9: Miscellaneous:
All the Bank fees outside Vietnam shall be borne by the Buyer. Bank swift message of
(each) payment is required to provide to the seller by email/fax/scan.
Matters not covered by this Contract shall be solved through friendly consultation
between the Parties.
Any addition or revision to this Contract is invalid unless made in writing and signed by
both Parties.
This contract shall come into effect on the date of signing, and is made into 02 originals
in English, of which 01 originals shall be retained by each party.
This contract is automatically liquidated after the Seller receives full payment and the
Buyer receives the goods.