采 购 合 同
甲 方（买方） ：采购商
乙 方（卖方） : 供应商
For protecting the lawful rights and interests of the Party A and Party B,based on mutula understanding and abide by ‘DOOBUY user log on service agreement’ ,two parties sign this contract for purchase. Mutula should abide by good faith, and all the business which accroding to this contract should be reasonable and lawful.
Party A is the buyer who buy the goods through the internet by DOOBUY. Party A exists in the form of individual or organization. When Party A submit order, please click the button of “Agree” and “Confirm” after finish reading the contract. (If confirm the this contract is meaning both of parties accpet the order) If confirm this contract ,this agreement will become a legal document that can restrict both of parties.
Party B is the seller who sell the goods through the internet by DOOBUY.When Party B have successfully published marketable goods, it means Party B have known the rights and obligation on the sales contract, will obey on the obligation and undertook the rights which accroding to the sales contract.
甲乙双方同意成交下列产品，订立条款如下：The undersigned Seller and Buyer agree following transaction, terms and conditions are specified as below:
Art.1 Ordered products:
All traded products shall be based on actual order information of DOOBUY. The subject matter of this contracr maily base on commodity informaiton which Party B publish, these informaitons inclding Chinese Deacreption、classify、brand、size、price、minimum order quantity、lead time、certificate of link、picture of goods、original name、origin、casepck、color、measures、suggestion order quantity、weight、component、applicable to the crowd、the type of packaging、manufacturers、term of validity、a way of delivery、EAN/UPC、payment and ect.The Subject matter of this contracr also maily base on goods that order by Party A.
Art. 2 Quality requirements and technical specifications:
2.1 In accordance with prescribed products description of Art.1, the quality standard is based on manufacturer’s technical standard.
Party B warrants that the products supplied by him shall be the certified products that meet the quality standards and be responsible for the product quality.If get the complain from costumer , Party B should co-operate with Party A and adequate solution. If it is indeed the responsibility of Party B, Party B should take all duty and fee.
Party B should warrants that all the goods tally with order list and the documents including label.±5% in quantity will be agreed and the buyer will pay the seller based on quantity issued by official tally report （as like the certificate that provided by logistics service providers who operate bonded warehousing）.
Party B warrants packaging is in good condition,not allow any disqualified goods which have damage 、crush、graffiti、label、explosion、mixed loading and ect.If not,1.Party B should refund purchases of disqualified goods,if Party A have taken all goods.2.If account are not square up Party A has rights to use unpaid payment to set-off purchases of disqualified goods.If unpaid payment not enough to pay the refund, Party B should pay the rest of it .
Party B warrants the goods shall be equal or greater than two-thirds of total quality guarantee period when arrive at destination.If the goods does not accroding to this requirment,Party A has right to ask Party B to delivered the goods again or redund the payment of goods that not tally.
Art. 3 Delivery time and terms of shipment:
3.1 发货时间/Lead Time：
Deliver the goods accroding to the time that both side have arrangement by actual order,and shall be allowed the general principles and convention of Cross-boder trade.
3.2 贸易方式/Terms of trading:
Party B shall deliver the goods in accordance with trade term that both side have arrangement by actual order,and take responsibility of insure 、transport and discharge cargo.
3.3关于托盘运输的特殊规定/ Special Provisions on Transportation with Pallets
Party B shall arrange and undertake all the fee of palletized,promise all the pallet can support weights of goods and winding film strong enough to avoid goods will scattered across the floor. All pallets shall be producted by plastic or wood. For wxample wooden pallets must be fumigation or disinfection treatment with IPPC mark.If not ，Party B is full responsible and compensation for all the losses of Party A and Party B should assist buyer to eliminate adverse effects caused by the situation .
Party B should provide ordered goods to party A based on lead time, place, quality requirements and technical specifications stipulated on the present contract. Late fees, charged to party B, of 0.1% per day will be applied on values of goods overdue. Compensation of loss & damage caused by late delivery should be charged to party B. (except late shipment due to overdue payment by party A)
Should party A fails to receive goods or refuse receiving goods delivered without justified or valid reason, the day when goods shipped to stipulated location will be considered as the day of reception and acceptance, party A is responsible for loss & damage caused.
Unless otherwise stipulated,partial shipment is not allowed. If not, Party A have right to reject the goods and cancel the order,meanwhile ask the loss from Party B.Party B shall refund all payment while Party A get the notice.
Art. 4 Price and payment:
Down payment of this order is. Buyer will pay in full the down payment amount within 3 business days after receipt of Seller’s invoice. Seller shall start to prepare the order, include goods and services within 3 business day after receipt of down payment.
Balance of this order is. Buyer will pay in full the balance amount within 5 business days after receipt of Seller’s invoice,packing list and formal air/ocean waybill. Sellershall provide accurate packing list, air/ocean waybill ( draft ) , and invoice 3（three) days prior to cargo departure per buyer’s request. Seller shall provide formal air/ocean waybill within one day after cargo departure. If the documents are inaccurately provided or not in time, all the exceptional charges (including but not limited to storage charges, demurrageetc) incurred should be born by Seller.
Should Party A postpone payment, Party B has right to delay shipment date; Party A should consequently pay late fees of 0.1% per day of the contract amount to party B till date of full payment. Should party A defers payment over 30 days, party B may dissolve the contract and Party A, according to above stipulated late fees rate, should pay Party B liquidated damages (until dissolution date released by party B) and Party A should return the goods to Party B. Actual amount paid by party A is considered as a compensation to Party B; party A should compensate the loss of party B additionally if above said compensation is not able to cover all the damage caused.
4.4 DOOBUY 香港公司账户信息：Account information of DOOBUY
账户名称/Account Name：HONGKONG YUNBAI TRADING COMPANY LIMITED
ROOM 1401,14/F.,WORLD COMMERCE CENTRE,HARBOUR CITY,7-11 CANTON ROAD,TSIMSHATSUI,KOWLOON,HONG KONG
INDUSTRIAL BANK CO.,LTD,HEAD OFFICE
NO.901 BAIZHANG DONG ROAD.JIANGDONG DISTRICT.NINGBO.ZHEJIANG PROVINCE
The price cannot be increased during the term of this Contract.
Art. 5 Goods reception and acceptance:
5.1 Acceptance criteria: according to the Art. 2 Quality requirements and technical specifications of the present contract.
Art. 6 The force majeure:
Definition: war, unrest, plague, earthquake, typhoon, flood, falling objects or any other explosion, fire, accidents and natural disasters which are excluded by both parties’ responsibilities of the present contract. Should one party is unable to fulfill the contract due to the force majeure, the party concerned should inform the other party in 3 days from the date of the event and should try all means to reduce loss caused. The damage caused by the force majeure should be born by each party’s own risk.
Art. 7 Dispute resolutions:
Arbitration: All disputes in connection with this Contract or the execution thereof shall be amicably resolve through negotiation .In case no settlement can be reached between the tow party , the case under dispute shall be submitted to The Southern China international economic and Trade Arbitration Commission(SCIA). The arbitration shall take place in China and shall be executed in accordance with the Rules of Arbitration of the said commission and the decision made by the Arbitration Commission shall be accepted at final and binding upon both parties .The fees for arbitration shall be borne by the losing Party .The laws of China applied to the contract.
Article 8 Miscellanea:
Both parties are responsible to maintain confidentiality regarding all technical and commercial information. Economic losses caused by lack of fulfillment of the duty should be compensated by the party concerned.
Any modification or complementary clauses to the present contract should be negotiated and amended which will have the same valid effect as the present contract.
Language:This contract will be executed in the Chinese Language.All correspondence on contractual matters between parties will be in the Chinese Language.