Conditions Of Contract For The Purchase of Equipment
CONTRACT NO合同号:
中国_________公司（根据中华人民共和国法律成立注册的公司，以下简称买方）为一方,与________公司（根据______国法律成立注册的公司，以下简称卖方）为另一方，双方通过友好协商同意就下列条款签订本合同。
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Conditions Of Contract For The Purchase of Equipment
CONTRACT NO合同号:
中国_________公司（根据中华人民共和国法律成立注册的公司，以下简称买方）为一方,与________公司（根据______国法律成立注册的公司，以下简称卖方）为另一方，双方通过友好协商同意就下列条款签订本合同。
This Contract is made and entered into through friendly negotiation
by and between China _____________Corporation, a corporation
organized and existing under the laws of the People's Republic of
China (hereinafter referred to as 'the Buyer'), as one party
and__________, a corporation organized and existing under the laws
of __________ (hereinafter referred to as 'the Seller'), as the
other party, under the following terms and conditions:
1 Definition 定 义
In the Contract unless the context otherwise defines,
1.1 Contact Equipment means the equipment, materials, spare parts or any part thereof supplied by the Seller including those with which Contract Products are produced, details of which are specified in Appendix 1 and 3 to the Contract.
合同设备：卖方所提供的本合同附件一和附件三规定的用以生产合同产品的设备、设备、零部件或备件。
1.2 Contract Plant means the plant comprised of Contract Equipment, Technology and the complete sets of auxiliary facilities, details as per Appendix 3 to the Contract.
合同项目：卖方所提供的本合同附件三规定的用以生产合同产品的技术和设备以及买方提供的与这些技术和设备相配套的辅助设施。
1.3 Contract Product means the products manufactured in the Contract Plant, the technical specifications, performance and guarantee indices of which are specified in Appendix 3.
合同产品：本合同项目生产的具有本合同附件三规定的规格、性能、技术指标的产品。
1.4 Contract Price means the sum payable to the Seller under the Contract for full and proper performance of its contractual obligations, details of which are specified in Appendix 7.
合同价格：买方因卖方全部且适当履行合同义务而支付的本合同附件七规定的总价。
1.5 Contract Currency means the currency in which the payment is made under the Contract, namely________ .
合同币种：用以支付本合同价款的货币，即_________。
1.6 Both Parties' Banks, refer to______, as Buyer's Bank; _______, as Seller's Bank.
买卖双方银行：买方银行为_________；卖方银行为__________。
2. The Equipment设备
2.1 The Equipment shall be to the reasonable satisfaction of the Purchaser and shall conform in all respects with any particulars specified in the Purchase Contract and in any variations thereto.
设备应该合理满足采购方的要求，应该各方面符合采购合同、修改的合同所规定的要求。
2.2 The Equipment shall conform in all respects with the requirements of any statutes, Contracts, regulations or bye-laws from time to time in force.
设备在各方面应符合生效的国家法律、命令、规定、或规章所规定的要求。
2.3 The Equipment shall be fit and sufficient for the purpose for which such Equipment are ordinarily used and for any particular purpose made known to the Supplier by the Purchaser and the Purchaser relies on the skill and judgement of the Supplier in the supply of the Equipment and the execution of the Contract.
设备应符合设备一般使用要求，应符合采购方依赖供应商技能和判断告知供应商实现特殊目的要求。
3. The price价格
3.1 The price of the Equipment shall be as stated on Purchase Contract and no increase will be accepted by the Purchaser unless agreed by him/her in writing before the execution of the Contract.
设备的价格应该在合同上标明，除非采购方书面同意，否则不允许任何加价。
3.2 Unless otherwise agreed in writing by the Purchaser, the Supplier shall render a separate invoice in respect of each consignment delivered under this Purchase Contract. Payment shall be due 30 days after receipt of the Equipment or the correct invoice thereof, whichever is the later.
除非采购方另有书面同意，否则供应商就该合同下的该发货单独开发票，货款应在收到设备或该批货的准确发票起（从后发生的日期起算）三十日内支付。
4. Delivery交付
4.1 The Equipment shall be delivered to the place named on the Purchase Contract. Any access to premises and any labour and equipment that may be provided by the Purchaser in connection with delivery shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of his sub-contractors.
设备应交付至合同上指定的地点。采购方应就设备进入现场提供方便，提供可能要采购方提供的劳动力和设备，但采购方不承担任何责任。如因供应商或其分包商的任何行为或疏忽而在交付或安装过程中导致任何损害和损伤，而该损害和损伤所导致的任何诉讼、索赔、要求、损失、控告费、诉讼费等应由供应商承担。
4.2 Where any access to the premises is necessary in connection with delivery oR installation the Supplier and his sub-contractors shall at all time comply with the reasonable requirements of the Purchaser's Head of Security.
采购方必须提供设备交付和安装的场地，供应商和他的分包商应符合采购方安全负责人的合理要求。
4.3 The time of delivery shall be of the essence and failure to deliver within the time promised or specified shall enable the Purchaser (at his option) to release himself from any obligation to accept and pay for the Equipment and/or to cancel all or part of the Contract therefor, in either case without prejudice to his other rights and remedies.
交付时间是合同的最重要条款。供应商不能在承诺的或规定的时间内交付，则采购方有权解除自己的合同义务，在不损害自身权利和补偿的情况下，可以接受设备支付货款，也可以取消全部或部分合同。
5. Property and Risk所有权和风险
Property and risk in the Equipment shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaser's rights and remedies under Condition 7 hereof) pass to the Purchaser at the time of delivery.
设备的所有权和风险应在不损害采购权利和补偿（包括采购方根据第七条所享有的权利和补偿）的情况下，在交付时转移给采购方。
6. Damage in transit运输损失
On despatch of any consignment of the Equipment the Supplier shall send to the Purchaser at the address for delivery of the Equipment an advice note specifying the means of transport, the place and date of despatch, the number of packages and their weight and volume. The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Equipment as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that:
在每批设备发出时，供应商应根据设备交付地址向采购方发出通知，告知运输方式、发货地点和日期、包裹号和它的重量和数量。在运输途中被损坏或已被售出不能交付采购方，供应商不需承担责任，应及时按采购方要求予以修补或更换，但规定如下：
a) in the case of damage to such Equipment in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Equipment have been damaged; and
上述设备在运输途中损坏，采购方应在设备交付后的三十天内通知供应商。
b) in the case of non-delivery the Purchaser shall (provided that the Purchaser has been advised of the despatch of the Equipment) within ten days of the notified date of delivery give notice to the Supplier that the Equipment have not been delivered.
采购方在收到供应商发货通知后十天内仍未收到货，则应通知供应商。
7. Inspection, rejection and guarantee.检验、拒收和保证
7.1 The Supplier shall permit the Purchaser or his authorised representatives to make any inspections or tests he may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at his premises. No failure to make complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser of any rights or remedies in respect of the Equipment.
供应商允许供应商或供应商代表进行合理要求的检测和测试，并在自己场所免费提供合理的设置和帮助。采购方在检测和测试时没有提出投诉，或在在检测和测试期间或此后对设备进行认可，不代表采购方对设备放弃主张权利和补偿。
7.
1 Definition 定 义
In the Contract unless the context otherwise defines,
1.1 Contact Equipment means the equipment, materials, spare parts or any part thereof supplied by the Seller including those with which Contract Products are produced, details of which are specified in Appendix 1 and 3 to the Contract.
合同设备：卖方所提供的本合同附件一和附件三规定的用以生产合同产品的设备、设备、零部件或备件。
1.2 Contract Plant means the plant comprised of Contract Equipment, Technology and the complete sets of auxiliary facilities, details as per Appendix 3 to the Contract.
合同项目：卖方所提供的本合同附件三规定的用以生产合同产品的技术和设备以及买方提供的与这些技术和设备相配套的辅助设施。
1.3 Contract Product means the products manufactured in the Contract Plant, the technical specifications, performance and guarantee indices of which are specified in Appendix 3.
合同产品：本合同项目生产的具有本合同附件三规定的规格、性能、技术指标的产品。
1.4 Contract Price means the sum payable to the Seller under the Contract for full and proper performance of its contractual obligations, details of which are specified in Appendix 7.
合同价格：买方因卖方全部且适当履行合同义务而支付的本合同附件七规定的总价。
1.5 Contract Currency means the currency in which the payment is made under the Contract, namely________ .
合同币种：用以支付本合同价款的货币，即_________。
1.6 Both Parties' Banks, refer to______, as Buyer's Bank; _______, as Seller's Bank.
买卖双方银行：买方银行为_________；卖方银行为__________。
2. The Equipment设备
2.1 The Equipment shall be to the reasonable satisfaction of the Purchaser and shall conform in all respects with any particulars specified in the Purchase Contract and in any variations thereto.
设备应该合理满足采购方的要求，应该各方面符合采购合同、修改的合同所规定的要求。
2.2 The Equipment shall conform in all respects with the requirements of any statutes, Contracts, regulations or bye-laws from time to time in force.
设备在各方面应符合生效的国家法律、命令、规定、或规章所规定的要求。
2.3 The Equipment shall be fit and sufficient for the purpose for which such Equipment are ordinarily used and for any particular purpose made known to the Supplier by the Purchaser and the Purchaser relies on the skill and judgement of the Supplier in the supply of the Equipment and the execution of the Contract.
设备应符合设备一般使用要求，应符合采购方依赖供应商技能和判断告知供应商实现特殊目的要求。
3. The price价格
3.1 The price of the Equipment shall be as stated on Purchase Contract and no increase will be accepted by the Purchaser unless agreed by him/her in writing before the execution of the Contract.
设备的价格应该在合同上标明，除非采购方书面同意，否则不允许任何加价。
3.2 Unless otherwise agreed in writing by the Purchaser, the Supplier shall render a separate invoice in respect of each consignment delivered under this Purchase Contract. Payment shall be due 30 days after receipt of the Equipment or the correct invoice thereof, whichever is the later.
除非采购方另有书面同意，否则供应商就该合同下的该发货单独开发票，货款应在收到设备或该批货的准确发票起（从后发生的日期起算）三十日内支付。
4. Delivery交付
4.1 The Equipment shall be delivered to the place named on the Purchase Contract. Any access to premises and any labour and equipment that may be provided by the Purchaser in connection with delivery shall be provided without acceptance by the Purchaser of any liability whatsoever and the Supplier shall indemnify the Purchaser in respect of any actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation to the extent that any such damage or injury is attributable to any act or omission of the Supplier or any of his sub-contractors.
设备应交付至合同上指定的地点。采购方应就设备进入现场提供方便，提供可能要采购方提供的劳动力和设备，但采购方不承担任何责任。如因供应商或其分包商的任何行为或疏忽而在交付或安装过程中导致任何损害和损伤，而该损害和损伤所导致的任何诉讼、索赔、要求、损失、控告费、诉讼费等应由供应商承担。
4.2 Where any access to the premises is necessary in connection with delivery oR installation the Supplier and his sub-contractors shall at all time comply with the reasonable requirements of the Purchaser's Head of Security.
采购方必须提供设备交付和安装的场地，供应商和他的分包商应符合采购方安全负责人的合理要求。
4.3 The time of delivery shall be of the essence and failure to deliver within the time promised or specified shall enable the Purchaser (at his option) to release himself from any obligation to accept and pay for the Equipment and/or to cancel all or part of the Contract therefor, in either case without prejudice to his other rights and remedies.
交付时间是合同的最重要条款。供应商不能在承诺的或规定的时间内交付，则采购方有权解除自己的合同义务，在不损害自身权利和补偿的情况下，可以接受设备支付货款，也可以取消全部或部分合同。
5. Property and Risk所有权和风险
Property and risk in the Equipment shall without prejudice to any of the rights or remedies of the Purchaser (including the Purchaser's rights and remedies under Condition 7 hereof) pass to the Purchaser at the time of delivery.
设备的所有权和风险应在不损害采购权利和补偿（包括采购方根据第七条所享有的权利和补偿）的情况下，在交付时转移给采购方。
6. Damage in transit运输损失
On despatch of any consignment of the Equipment the Supplier shall send to the Purchaser at the address for delivery of the Equipment an advice note specifying the means of transport, the place and date of despatch, the number of packages and their weight and volume. The Supplier shall free of charge and as quickly as possible either repair or replace (as the Purchaser shall elect) such of the Equipment as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that:
在每批设备发出时，供应商应根据设备交付地址向采购方发出通知，告知运输方式、发货地点和日期、包裹号和它的重量和数量。在运输途中被损坏或已被售出不能交付采购方，供应商不需承担责任，应及时按采购方要求予以修补或更换，但规定如下：
a) in the case of damage to such Equipment in transit the Purchaser shall within thirty days of delivery give notice to the Supplier that the Equipment have been damaged; and
上述设备在运输途中损坏，采购方应在设备交付后的三十天内通知供应商。
b) in the case of non-delivery the Purchaser shall (provided that the Purchaser has been advised of the despatch of the Equipment) within ten days of the notified date of delivery give notice to the Supplier that the Equipment have not been delivered.
采购方在收到供应商发货通知后十天内仍未收到货，则应通知供应商。
7. Inspection, rejection and guarantee.检验、拒收和保证
7.1 The Supplier shall permit the Purchaser or his authorised representatives to make any inspections or tests he may reasonably require and the Supplier shall afford all reasonable facilities and assistance free of charge at his premises. No failure to make complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Purchaser of any rights or remedies in respect of the Equipment.
供应商允许供应商或供应商代表进行合理要求的检测和测试，并在自己场所免费提供合理的设置和帮助。采购方在检测和测试时没有提出投诉，或在在检测和测试期间或此后对设备进行认可，不代表采购方对设备放弃主张权利和补偿。
7.