목차
AMERICAN MEAT PRODUCTS PURCHASE CONTRACT 목차
Art 1. Definitions
Art 2. Description of Good / Quantity / Unit Price / Total Amount /
Art 3. Quality
Art 4. Contract Price
Art 5. Packing and Marking
Art 6. Pre Shipment Inspection of the Goods by the local agent of the Buyer
Art 7. Shipment and Delivery
Art 8. Insurance
Art 9. Payment ( Option No.1 AT SIGHT L/C mode)
Art 10. Payment ( Option No.2 Progressive Payment of T/T mode)
Art 11. Increased Costs
Art 12. Documents required
Art 13. Retention of title
Art 14. Cancellation date
Art 15. Conformity inspection on Goods at the unloading port
Art 16. Claims
Art 17. Late-delivery, Non- delivery and Remedy
Art. 18. Warranty
Art. 19. Performance Bond
Art. 20. Tax and customs
Art. 21. Notice
Art. 22. Force Majeure
Art. 23. Limitation of liability
Art. 24. Governing Law
Art. 25. Arbitration and Resolution of disputes
Art. 26. Language
Art. 27. Safeguard(Import restriction) Agreement Provision
Art. 28. Trade Terms
Art. 29. Patents, Trade Marks, Designs, etc.
Art. 30. Order of Precedence
Art. 31. Entire Agreement Provision
참고 Art는 Article의 약자입니다.
Art 1. Definitions
Art 2. Description of Good / Quantity / Unit Price / Total Amount /
Art 3. Quality
Art 4. Contract Price
Art 5. Packing and Marking
Art 6. Pre Shipment Inspection of the Goods by the local agent of the Buyer
Art 7. Shipment and Delivery
Art 8. Insurance
Art 9. Payment ( Option No.1 AT SIGHT L/C mode)
Art 10. Payment ( Option No.2 Progressive Payment of T/T mode)
Art 11. Increased Costs
Art 12. Documents required
Art 13. Retention of title
Art 14. Cancellation date
Art 15. Conformity inspection on Goods at the unloading port
Art 16. Claims
Art 17. Late-delivery, Non- delivery and Remedy
Art. 18. Warranty
Art. 19. Performance Bond
Art. 20. Tax and customs
Art. 21. Notice
Art. 22. Force Majeure
Art. 23. Limitation of liability
Art. 24. Governing Law
Art. 25. Arbitration and Resolution of disputes
Art. 26. Language
Art. 27. Safeguard(Import restriction) Agreement Provision
Art. 28. Trade Terms
Art. 29. Patents, Trade Marks, Designs, etc.
Art. 30. Order of Precedence
Art. 31. Entire Agreement Provision
참고 Art는 Article의 약자입니다.
본문내용
ding Korean). In the event of any difference or inconsistency among different versions of this Agreement, the English version shall prevail over in all respect. The proceedings of the arbitration shall be conducted in the English language.
Art. 27. Safeguard(Import restriction) Agreement Provision :
27-1. If BSE(mad cow disease) is taken place in the U.S.A at the time of the shipment of the goods, the Buyer have the emergency safe guard(import restriction) right to the Seller and can cancel the contract with notice of fax or cable to the Seller. In this case, the Buyer can request the Seller to research and investigate on the epicenter of BSE and send an agent of the Buyer on the doubtful certain meat plants of the Seller in U.S.A. The agent of the Buyer haver the right to focus on certain plants, such as those that are newly listed, had been previously delisted, or whose products have raised concerns during port of entry inspection.
27-2. If the goods already have left from San Diego port, the Seller shall notify the transportation ship to turn back to San Diego port and unload the goods from the ship at the designated shipyard in San Diego port at the Seller's expense. If the goods have not been lifted on the ship, the Seller shall cancel the scheduled shipment(s) at his own option. After taking this action, the Seller can file a claim for such compensation to the insurance on cargo company.
27-3. If the Buyer notify the Seller of the effectiveness of the contract and no cancelation of the contract by fax or cable clearly, provided that Korea government have not prohibited the Buyer from importing American beef or meat product at that time, the Buyer do not have the rights stated in article 27-1.
Art. 28. Trade Terms :
All trade terms provided in this Contract shall be interpreted in accordance with the latest INCOTERMS 2010 of the International Chamber of Commerce.
Art. 29. Patents, Trade Marks, Designs, etc. : Buyer is to hold Seller harmless from liability for any infringement with regard to patent, trade mark, copyright, design, pattern, etc., originated or chosen by Buyer.
Art. 30. Order of Precedence
The terms and provisions shall prevail over the annexes of this contract. The annexes have no order of precedence between them.
Art. 31. Entire Agreement Provision : This contract constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or understandings or agreements, written or oral, regarding the subject matter of this contract. No amendment to or modification of this contract will be binding unless in writing and signed by all parties.
IN WITNESS WHEROF, the Seller and Buyer hereto have caused this Contract in duplicate to be executed by their duly authorized representatives as of the date and year first written above.
(Seller)
(Buyer)
Hormel Foods Company, Ltd
Hong-ik HamBuy Corp.
By:___________________
By:___________________
Name:
Name:
Title:
Title:
Art. 27. Safeguard(Import restriction) Agreement Provision :
27-1. If BSE(mad cow disease) is taken place in the U.S.A at the time of the shipment of the goods, the Buyer have the emergency safe guard(import restriction) right to the Seller and can cancel the contract with notice of fax or cable to the Seller. In this case, the Buyer can request the Seller to research and investigate on the epicenter of BSE and send an agent of the Buyer on the doubtful certain meat plants of the Seller in U.S.A. The agent of the Buyer haver the right to focus on certain plants, such as those that are newly listed, had been previously delisted, or whose products have raised concerns during port of entry inspection.
27-2. If the goods already have left from San Diego port, the Seller shall notify the transportation ship to turn back to San Diego port and unload the goods from the ship at the designated shipyard in San Diego port at the Seller's expense. If the goods have not been lifted on the ship, the Seller shall cancel the scheduled shipment(s) at his own option. After taking this action, the Seller can file a claim for such compensation to the insurance on cargo company.
27-3. If the Buyer notify the Seller of the effectiveness of the contract and no cancelation of the contract by fax or cable clearly, provided that Korea government have not prohibited the Buyer from importing American beef or meat product at that time, the Buyer do not have the rights stated in article 27-1.
Art. 28. Trade Terms :
All trade terms provided in this Contract shall be interpreted in accordance with the latest INCOTERMS 2010 of the International Chamber of Commerce.
Art. 29. Patents, Trade Marks, Designs, etc. : Buyer is to hold Seller harmless from liability for any infringement with regard to patent, trade mark, copyright, design, pattern, etc., originated or chosen by Buyer.
Art. 30. Order of Precedence
The terms and provisions shall prevail over the annexes of this contract. The annexes have no order of precedence between them.
Art. 31. Entire Agreement Provision : This contract constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or understandings or agreements, written or oral, regarding the subject matter of this contract. No amendment to or modification of this contract will be binding unless in writing and signed by all parties.
IN WITNESS WHEROF, the Seller and Buyer hereto have caused this Contract in duplicate to be executed by their duly authorized representatives as of the date and year first written above.
(Seller)
(Buyer)
Hormel Foods Company, Ltd
Hong-ik HamBuy Corp.
By:___________________
By:___________________
Name:
Name:
Title:
Title:
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