Contract Template: Anti Purchase Trade Agreement

The western capitalist countries and the Soviet Union and Eastern European countries adopt the reciprocal purchase trade, which is characterized by the total amount of the goods exported by either side of the trade side, which is slightly higher than or slightly lower than the total value of the imported goods, so that the volume of import and export trade is basically balanced.

For this reason, the exchange period of import and export commodities is relatively short, and the import and export goods list is carried out in batches according to the age limit. That is to say, importing a batch of goods and then exporting a batch of goods, and in the specified years, the goods imported by each side are paid in cash to the other party, and the buyer or the seller can pfer the goods to the third party.

The trade between the two parties can be undertaken by one or several companies, so the terms of the anti purchase trade contract are more complicated, and the relationship between them must be expressly stipulated in the terms.

This article introduces an example of the standard contract for mutual purchase, which includes five parts, but not the purchase trade of each order is so typical. The terms of the contract should be written according to the trade procedure and the actual situation.

Anti purchase agreement

The following is a complete set of documents, which consists of five parts:

1. Special conditions for counter purchase (counter purchase conditions (1), (2), (3)).

Two, pre order.

Three, purchase order.

Four. Standard telex quotations for sale of anti purchase goods to third parties.

Five, the pfer contract.

The three parties involved are:

X Party: seller / counter buyer (called X party or buyer)

Y Party: buyer / counter party (called Y party or seller)

Z Party: the pferee of the anti purchase obligation undertaken by the Y side in the direction of X.

I. special conditions for counter purchase (1)

This agreement is signed by the X Party (buyer) as one party and the Y Party (the seller) as the other party on the date of the month of 19_____.

1. counter purchase amount:

Under the contract / telex, the amount of the goods purchased by the buyer is the sum of the goods sold to the seller by the buyer, that is, the amount of the goods sold by the buyer.

2. time:

The buyer's obligation to counter purchase must be fulfilled before the company.

3. goods:

The Seller guarantees that within the time limit for the fulfillment of the counter purchase obligation, the Seller shall provide the following goods to the buyer, namely, the following items: ",", ",", ",", ",", ",", ",", ",", "and".

4. enterprises selling goods:

I agree with you that we will agree with you.

5. delivery:

(1) delivery time should be accurate.

(2) the goods can be delivered to any destination, except for them.

6. payment terms:

The terms of purchase payment by the buyer are: 1.

7. breach clause:

When the buyer fails to fulfil his obligation to purchase goods under this contract, the buyer shall pay the seller only the amount that he has not fulfilled the obligation to counter purchase, so as to compensate for it.

The buyer does not undertake any direct or indirect, foreseeable or unforeseen or consequential damages or damages arising from the failure of the above performance.

I. counter purchase conditions (2)

1. overview:

(1) the buyer's obligation to counter purchase includes the following conditions, unless the buyer has a special written change to apply the conditions of change, the seller's offer or quotation stated in the seller's terms, or the conditions stated in the seller's contract or other conditions stipulated by the Seller shall not be amended. If the counter purchase conditions are abolished, the buyer's written consent is required.

(2) goods refer to all or part of the goods purchased by the buyer.

2. pfer to the third party:

The buyer may pfer his obligations and rights to any person, firm or company.

3. counterclaim:

No matter what claims the seller has for the buyer, the buyer shall pay the goods sold to the seller according to the contract stipulated in the contract.

4. price:

According to the provisions of the anti purchase obligation, the price paid by the buyer should be the market price and the delivery conditions should be taken into account.

5. pfer of ownership:

The ownership of the goods should be pferred at the time of delivery or should be pferred at the time of payment.

6. the special nature of goods:

If the goods have their special nature, the Seller shall immediately notify the buyer in writing, and provide the buyer with the necessary information, which is part of the description of the goods.

7. the law of contract and Arbitration:

(1) any contract that applies to the conditions mentioned above shall be governed by the law of the people's Republic of China.

(2) any dispute arising from the terms or conditions of the buyer or seller, or the contract under the terms of reference, shall be settled in accordance with the three arbitrators appointed by the International Chamber of Commerce in the mediation and arbitration rules whenever possible.

The venue of the arbitration shall be in the vicinity of the people's Republic of China.

I. counter purchase conditions (3)

1. pfer of ownership:

The ownership of the goods should be pferred at the time of delivery or should be pferred at the time of payment.

2. guarantees:

(1) if the goods are found to have any defects within 30 days after delivery to the buyer, the buyer may notify the seller in writing, and the buyer shall have the right to cancel the arrangement in accordance with the following fifth provisions.

(2) the Seller guarantees that the specifications of the goods are in conformity with the specifications of the sellers.

3. Force Majeure:

Because of force majeure or any reason which the buyer can not control, the buyer has not received or has not paid the goods.

The buyer is not responsible.

4. the loss of compensation:

As a result of the failure of the seller to sell the goods to the buyer resulting in failure to fulfil its obligations, the seller will ensure that the buyer is exempt from the loss (regardless of the exception or other loss).

5. cancellation:

If the seller fails to comply with or fulfil (whether or not because of force majeure) his obligation to sell the goods to the buyer (without affecting the above general circumstances, the seller fails to deliver the goods on time or does not comply with the agreed quality).

The Seller shall not, whether or not because of force majeure, abide by and perform the above obligations, for whatever reason, the buyer shall have the following rights:

(1) the Seller shall return to the seller all or any part of the goods delivered to the buyer (whether the ownership has been pferred to the buyer), and the risk shall be borne by the seller and / or wholly or partly cancelled by the seller (whether the goods have been delivered to the buyer at the time of cancellation, whether the ownership of the goods has been pferred to the buyer).

In any of the above circumstances, the Seller shall refund the amount paid to the Buyer immediately by the seller at the request of the buyer, and the buyer shall not bear any obligation to the seller.

(2) if there is no restriction on the fifth clauses, the buyer's obligation to counter purchase will be cancelled. The buyer shall rescission of his counter purchase obligation according to the amount of the goods returned, and / or cancel the anti purchase obligation in whole or in part by cancelling the order of his goods.

(3) any right granted to the Buyer under the fifth item shall not prejudice or affect the actions or compensation that the buyer shall take or take in the future.

6. infringement of patents:

The Seller shall compensate the buyer for any legal action, claim, and cost required by the registered designer, trademark or trade name, as well as any costs and losses that may arise from any legal action taken by the buyer on the basis of the infringement or prosecution of the patent certificate, the registration design, the trademark or trade name right, and the buyer's claim for damages.

Two, advance order

The X side (buyer) of the company is buying the goods from the Y Party (seller) under the following conditions:

1. the name of the goods: _______________________2.: the number of people in China is:

3. price: _______________________4. terms of payment: the first, the second and the third.

5. packing: _______________________6. time of delivery: the first two hours are: 1.

7. terms of delivery: the following terms of delivery:

Incoterms 1953 (latest edition)

8. technical performance: the following are the technical performance:

9. the Seller agrees to sign a contract with the buyer at the buyer's contract to sell to the buyer the amount of $1, 000, 000, 000, and the delivery will be delivered to the buyer.

10. the goods can be delivered to any destination except for them.

Three, purchase order (counter purchase order)

The X side (buyer) of the company is ordering the following goods on the following terms and conditions to the Y Party (seller) of the company.

1. the name of the goods: ___________________4. payment terms:

2. quantity: ___________________5. packing: the first, the second, the second, the second, the second, the last.

3. price: ___________________6. time of delivery: *, ",", "

7. terms and conditions of delivery:

General terms in international trade terms (Interpretation) 1953 (latest edition)

8. technical conditions: the following are the technical conditions.

9. the purchase order is formulated in accordance with the anti purchase obligation contained in the contract of the contract, and is subject to all conditions of the counter purchase, which is an integral part of the purchase order.

Four, sell the counter purchase goods to the third party standard telex quotation.

The X Party (seller) makes the following quotations to the Z Party (buyer) and sells them on the following terms:

1. the name of the goods: _________________2.: the number of people in China is: