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Trade/ 수출실무

일반 무역거래 협정서

수출/수입업자들 간에 계약이 성립되면 장차 있을지 모르는 거래상의 분쟁을 미연에 방지하기 위해 미리 기준을 마련해 둔다. 주로 거래의 형태, 품질, 가격, 선적, 보험, 결제방법, 오퍼, 주문, 클레임 중재방법 등을 내용으로 담고있다. 수출업자가 원본(Original)과 부본(Duplicate) 2부를 작성하여 수입업자에게 보내면, 수입업자는 이를 검토하고 특별한 이의 샇잉이 없으면 서명한 다음 그 중 1부를 수출업자에게 반송한다.

(일반 무역거래 협정서)


  This Agreement entered into between A&B Co., Ltd., Seoul Korea (hereinafter called the Sellers) and X&Y Co., Inc., New York, U.S.A (hereinafter called the Buyers) witness as follow:
  1. Business : Both Sellers and Buyers act as principals and not as Agents.
  2. Samples and Quality : The Sellers are to supply the Buyers with samples free of charge, and the quality of the goods to be shipped should be about equal to the sample on which an order is given.
  3. Quantity : Weight and Quantity determined by the seller, as set forth in shipping documents, shall be final.
  4. Prices : Unless otherwise specified, prices are to be quoted in U.S Dollars on CIF New York basis.
  5. Firm Offers : All firm offers are to remain effective for three days including the day cabled. Sundays and National Holidays shall not be counted as days.
  6. Orders : Except in cases where firm offers are accepted all orders are to be subject to the Seller's final confirmation.
  7. Packing : Proper export wooden case packing is to be carried out, each case bearing the mark DATA with port mark, running case numbers, and the country of orgin.
  8. Payment : Drafts shall be to be drawn at 30 d/s under irrevocable Letter of Credit, documents attached, for the full invoice value.
  9. Shipment : Shipment is to be made within the time stipulated in each contract, except in circumstances beyond Sellers' control.
  10. Marine Insurance : All shipments shall be covered on ICC(A) including War Risks and S.R.C.C. for the invoice amount plus 10 (ten) percent. All policies shall be made out in U.S. Dollar and claims payable in New York.
  11. Force Majeure : The Sellers shall not be responsible for the delay in shipment due to force majeure, including fires, earthquakes, tempests, strikes, lockouts, mobilization, war, prohibition of export, and any other contingencies which may prevent shipment within the period stipulated. In the event of any of the aforesaid causes arising, documents proving its occurrence or existence shall be sent by the Sellers to the Buyers without delay.
  12. Delayed Shipment : In all cases of force majeure provided in the Article No. 10 the period of shipment stipulated shall be extended for a period of twenty on (21) days. In case shipment within the extended period should still be prevented by a continuance of the causes mentioned in the Article No.10 or the consequences of any of them, It shall be at the Buyer's option either to allow the shipment of late goods or to cancel the order by giving the Sellers the notice of cancellation by cable.
  13. Claims : Claims, if any, shall be submitted by cable within fourteen (14) days aftr arrival of goods at destination. Certificated by recognized surveyors shall be sent by mail without delay.
  14. Arbitration : All claims which cannot be amicably settled between Sellers and Buyers shall be finally settled by arbitration in Seeoul, Korea in accordance with the Commercial Arbitration Rules of the Korea Commercial Arbitration Board.

  This Agreement shall be valid on and after March 20, 2001.
 (Buyers) X & Y Inc.                   (Sellers) XYZ Co., Ltd.
 (signed)                                   (signed)

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