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Hop dong solar

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Hop dong solar

  1. 1. Business English 13D_Group 6
  2. 2. 6 steps:• How will delivery be made?• What if the goods are ready but delivery isimpossible?• What is the date of delivery?• When do risk and title pass?• What delay is excusable?• What are the consequences of non-excusabledelay?
  3. 3. 1.5a Beginning delivery scheduled for April 2007 maybe moved up 30 days to a March delivery if customersubmits order in writing 45 days prior to deliverydate. In turn the first shipment may also bepostponed if submitted in writing 30 days prior toscheduled delivery date. In both events deliveryschedule would remain at 1.7MW per month throughthe end of 2007.
  4. 4. 6. Force Majeure:Either party shall not be held responsible for failure or delayto perform all or any part of this agreement due to flood,fire, earthquake, draught, war or any other events whichcould not be predicted, controlled, avoided or overcome bythe relative party. However, the party affected by the eventof Force Majeure shall inform the other party of itsoccurrence in writing as soon as possible and thereaftersend a certificate of the event issued by the relevantauthorities to the other party within fifteen days after itsoccurrence.
  5. 5. 3. Late Shipment and Penalty:Should the seller fail to make delivery on time as stipulated inthe contract, with exception of Force Majeure clausesspecified in this contract, the seller agree to pay a penaltywhich shall be deducted by the paying bank from thepayment without negotiation. The penalty, however, shall notexceed 5% of the total value of the goods involved in the latedelivery. The rate of penalty is charged at 0.5% of the totalvalue of the goods involved in the late delivery for one day. Incase the seller fail to make delivery four weeks later than thetime of shipment stipulated in the contract, the buyer shallhave the right to terminate or cancel the contract and theseller, in spite of the termination or cancellation, shall still paythe aforesaid penalty to the buyer without delay.
  6. 6. 5 steps:• How will payment be made?• What counts as payment?• What is the date of payment?• What delay is excusable?• What are the consequences of non-excusable delay?
  7. 7. 1.7 Payment Term:Buyer shall make payment for the Goods byT/T in advance, or at sight letter of credit isalso sufficient. Net 30 Term will beextended to Buyer after Q2 2007 providedthe Buyer establishes a positive paymenthistory and upon review of account.Payment terms can be also be discussedand decided on annually by both parties.
  8. 8. 1.7 Payment Term:Buyer shall make payment for the Goods byT/T in advance, or at sight letter of credit isalso sufficient. Net 30 Term will beextended to Buyer after Q2 2007 providedthe Buyer establishes a positive paymenthistory and upon review of account.Payment terms can be also be discussedand decided on annually by both parties.
  9. 9. 6. Force Majeure:Either party shall not be held responsible for failure or delayto perform all or any part of this agreement due to flood,fire, earthquake, draught, war or any other events whichcould not be predicted, controlled, avoided or overcome bythe relative party. However, the party affected by the eventof Force Majeure shall inform the other party of itsoccurrence in writing as soon as possible and thereaftersend a certificate of the event issued by the relevantauthorities to the other party within fifteen days after itsoccurrence.
  10. 10. • The defects Liability period: a chance toput things right• Corrective action• The timing of the Defects Liability Period• Who pays for claims under warranty• Defects liability and maintenance
  11. 11. 2.2 The Seller shall guarantee that the commodity arebrand new, unused and correspond in all respects with thequality, specifications and performance as stipulated in thiscontract and the appendix 1. After receiving the products, ifquality problem found, the buyer should claim within thirtywork days, the seller should give compensation to the buyerwith payment or replace them with good quality productswithin thirty work days after buyers defect notice. If quantitydiscrepancy found, the buyer should claim within thirty workdays, seller should compensate with the agreed amount ofproducts within thirty work days after buyers defect notice.If broken cells are over 2% of total quantity of each shipment,the buyer should claim within thirty work days, the sellershould give compensation for the quantity of beyond 2% tothe buyer with payment or replace them with good qualityproducts within thirty work days after buyers defect notice.
  12. 12. 2.2 The Seller shall guarantee that the commodity arebrand new, unused and correspond in all respects with thequality, specifications and performance as stipulated in thiscontract and the appendix 1. After receiving the products, ifquality problem found, the buyer should claim within thirtywork days, the seller should give compensation to the buyerwith payment or replace them with good quality productswithin thirty work days after buyers defect notice. If quantitydiscrepancy found, the buyer should claim within thirty workdays, seller should compensate with the agreed amount ofproducts within thirty work days after buyers defect notice.If broken cells are over 2% of total quantity of each shipment,the buyer should claim within thirty work days, the sellershould give compensation for the quantity of beyond 2% tothe buyer with payment or replace them with good qualityproducts within thirty work days after buyers defect notice.
  13. 13. 2.2 The Seller shall guarantee that the commodity arebrand new, unused and correspond in all respects with thequality, specifications and performance as stipulated in thiscontract and the appendix 1. After receiving the products, ifquality problem found, the buyer should claim within thirtywork days, the seller should give compensation to the buyerwith payment or replace them with good quality productswithin thirty work days after buyers defect notice. If quantitydiscrepancy found, the buyer should claim within thirty workdays, seller should compensate with the agreed amount ofproducts within thirty work days after buyers defect notice.If broken cells are over 2% of total quantity of each shipment,the buyer should claim within thirty work days, the sellershould give compensation for the quantity of beyond 2% tothe buyer with payment or replace them with good qualityproducts within thirty work days after buyers defect notice.
  14. 14. 2.2 The Seller shall guarantee that the commodity arebrand new, unused and correspond in all respects with thequality, specifications and performance as stipulated in thiscontract and the appendix 1. After receiving the products, ifquality problem found, the buyer should claim within thirtywork days, the seller should give compensation to the buyerwith payment or replace them with good quality productswithin thirty work days after buyers defect notice. If quantitydiscrepancy found, the buyer should claim within thirty workdays, seller should compensate with the agreed amount ofproducts within thirty work days after buyers defect notice.If broken cells are over 2% of total quantity of each shipment,the buyer should claim within thirty work days, the sellershould give compensation for the quantity of beyond 2% tothe buyer with payment or replace them with good qualityproducts within thirty work days after buyers defect notice.
  15. 15. 3. Late Shipment and Penalty:Should the seller fail to make delivery on time as stipulated in thecontract, with exception of Force Majeure clauses specified in thiscontract, the seller agree to pay a penalty which shall be deductedby the paying bank from the payment without negotiation. Thepenalty, however, shall not exceed 5% of the total value of thegoods involved in the late delivery. The rate of penalty is charged at0.5% of the total value of the goods involved in the late delivery forone day. In case the seller fail to make delivery four weeks laterthan the time of shipment stipulated in the contract, the buyer shallhave the right to terminate or cancel the contract and the seller, inspite of the termination or cancellation, shall still pay the aforesaidpenalty to the buyer without delay.
  16. 16. 4. Termination:If any one of the Parties shall fail to fulfill oneor more terms under this contract, the otherparty may at any time have the right toterminate this contract by not less than fifteendays written notice to one party specifyingany such breach. If such breach is not curedwithin fifteen days period, the one party shallterminated the agreement without any furthernotice.
  17. 17. 3. Late Shipment and Penalty:Should the seller fail to make delivery on time as stipulated in thecontract, with exception of Force Majeure clauses specified in thiscontract, the seller agree to pay a penalty which shall be deductedby the paying bank from the payment without negotiation. Thepenalty, however, shall not exceed 5% of the total value of thegoods involved in the late delivery. The rate of penalty is chargedat 0.5% of the total value of the goods involved in the late deliveryfor one day. In case the seller fail to make delivery four weeks laterthan the time of shipment stipulated in the contract, the buyershall have the right to terminate or cancel the contract and theseller, in spite of the termination or cancellation, shall still pay theaforesaid penalty to the buyer without delay.
  18. 18. 5. Arbitration:All dispute in connection with this contract or theexecution there of shall be settled through friendlynegotiations between two parties. In event that nosettlement can be reached, the case under disputes maythen be submitted to one Trade Arbitration Commissionagreed by both parties for Promotion of internationalTrade for adoration. The decision made by thisCommission shall be regarded as final and is binding uponboth parties. The fees for arbitration shall be borne by thelosing party.

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