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HỢP ĐỒNG GIA CÔNG QUỐC TẾ VÀ TỔ CHỨC THỰC HIỆN HỢP ĐỒNG. NHÓM 7: 1. Trần Trọng Bình 2. Nguy Gia Luân 3. Nguyễn Bá Trung 4. Nguyễn Trọng Nhân 5. Huỳnh Công Thấu 6. Phan Thị Thanh 7. Nguyễn Quốc Việt 8. Nguyễn Huỳnh Bảo Ngọc 9. Trần Thị Như Trang. GIA CÔNG HÀNG HÓA.
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Bênđặtgiacông (ở một nước)
Làsựthỏathuậngiữabênđặtgiacôngvàbênnhậngiacông, ở các nướckhácnhau, quyđịnhquyềnlợivànghĩavụcủacácbêntrongquátrìnhgiacônghànghóa
Trong cơ cấu các mặt hàng xuất khẩu của Việt Nam, có thể nói ngành dệt may với mức độ thâm dụng lao động cao đã và đang chiếm một tỷ trọng khá lớn trong tổng cơ cấu kim ngạch xuất khẩu
Thứ hạng & tỷ trọng một số mặt hàng XK chính của VN năm 2012
Tỷ trọng XK theo các loại hình của hàng dệt may năm 2012
Beetween: Name, Address, Telex, Fax, Email, Hereinafter called as “Party A”
And: Name, Address,Telex, Fax, Email, Hereinafter called as “Party B”
Both parties have greed to sign this contract under the following term and conditions:
Between: CHIEN THANG GARMENT COMPANY
NO. 10 THANH CONG STR HA NOI, VIET NAM
Tel: 8.312074/78. Fax : 8.312208/312278
Represented by Md. DOI THI THU THUY – General Director
Herein after called as “Party A”
And : YOUNG SHIN TRADING CO., LTD
3RD. FLOOR YOUNG SHIN BLDG. NO. 790 – 10
YOUKSAM – DONG KANGNAM- GU SEOUL KOREA
Herein after as “Party B”
The two Parties have agreed to sign this contract for processing garments in Party A’s factories with following terms and condition:
1. OBJECT OF CONTRACT
-Party A undertakes to make garment in conformity with the requirements specified in technical documents & counter samples approved by both parties.
- Party B undertakes to supply free of charge & completely all materials and accessories together with the techical documents and necessary condition for garment production and pay the cutting, making, packing & other extra charges related to importing the materials & acc. & exporting the goods (if any) for party A.
- Commodity : MENS AND LADIES WEAR
- Quantity : 200.000 PCS (+,- 10%)
- unit-price : About USD. 3.50-4.00/PC (detail see annex)
- Amount : About USD. 800.000 (detail see annex)
- Delivery date of finished garments : (See annex)
3. QUALITY :
The quality of all fabrics & accessories should be good &in comformity with the quality garments required. Party A will make the finished goods in comformity with the counter samples and technical documenrs confirmed by both parties.
4. DELIVERY TERMS :
- All materials and accessories will be supplied by Party B free of charge on basic of C. I. F HAIPHONG PORT OF HANOI AIRPORT and must be arrived at Party A’ s warehouse at least 15 days before production time or 40 days before delivery time together with original samples, paper pattern and technical documents, ect….necessary for production (all documents should be in English).
- Consumption rate of fabrics and accessories is based on necessary consumption plus 3%(ssome item of material and accessory will be decided by both parties for wastage during production). In case, that such rate can not cover the wastage and damages during production and/or defect parts of fabrics or accessories, party B will send further instruction i.e either send the additional quantity or reduce the quantity of products to be delivered. After this contract finished, all of remaining materials and Acc. Will be transferred to the next contract or reexported.
- If the shipping documents are sent to party A late or documents are wrong, the storage fee or fine(if any ) must be on party B’s account.
Party A will ship the finished garments as scheduled. If materials and accessories arrive at party A’s warehouse later than the schedule mentioned in the annex attached, the delivery time will be re-discussed & re-agreed basing on factual situation of party A at that time.
Delivery time of materials and acc. : from Jan, 2001 to Jan, 2002
Delivery time the finished goods from Feb, 2001 to the March, 2002 on basic FOB Haiphong Port or Noibai Airport.
5. PAYMENT :
By L/C to the account no. 001.1.37.0078389 at the bank foreign trade of Vietnam(Vietcombank-Hanoi) 23 Phan Chu Trinh street, Hanoi. Vietnam before shipment dates at least 5 days for each export consignment.
All Banking fees, commission outside Vietnam will be on party B ’s account.
6. SHIPPING DOCUMENTS :
- Within 2 days after shipping materials Party B has to send to Party A by DHL following shipping documents:
+ B/L-original : 01 fold + P/L : 01 fold
+ C/O : 01 fold + Invoice :01 fold
- Within 5 days after shipping garments, Party A has to send to Party B’s representative following shipping documents :
+ B/L-copy : 03 fold +C/O&E/L :01 fold
+ P/L : 03 fold +Invoice : 03 fold
Party B’s authorized representative or expert should give technical assistance while starting and during production to solve all problems occurred during production in order to keep production continuosly.
Upon receipt of materials and accessories, Party A will check all of them. If there is any discrepancy in quantity or quality. Party A should notify Party B so that Party B can settle the problem without delay.
Party A shall guarantee to keep all materials and finished goods under good conditions from losses and damages from receiving mat. & acc. At the port/airport until shipping the finished goods.
Party A have to make garments in conformity with the requirements specified in technical documents and other notes given by party B before production.
8. CLAIM, ARBITRATION :
Shortage claim of materials and accesoories with Vietnam Insurance Company’s survey report if shortage is discovered in damaged packages and with factory’s report if shortage discovered in original packages.
All disputes which may arise between the parties shall be settle amicably through negotiations between the parties.
If negotiations should fail, then such disputes shall be settle by the Vietnam Internation Arbitration Centre attached to the Chamber of commerce & Industry of S.R. Vietnam and his award shall be final and binding upon all the parties of this contract.
The fees for arbitration and/or other charges shall be borne by the losing party, unless otherwise agreed.
Neither party shall be liable to the other failue or delay in the performance of its obligations under this contrac for the time en to the extent such failuresor delay caused by weather, war, strikes, “Acts of God “ i.e storms, fires …
Writen notice of occurance of Force Majeure shell be given by the affected party to the other with reasonable promptness in order to be released from his resposibility.
10. TRADE MARK.
Party B must be fully resposible for all trade marks attached on garments produced in party A’s factories.
- The party B have to commit to full posibility in using the trade marks, the name of commodity and solving all disputes are involving.
- In the case of the trade marks and the name of commodity orgin are cocided with what have been registed in VietNam, must have a certificate of industrial property of VietNam.
11. OTHER CONDITION.
11.1 Sample : Counter samples – Before starting production of any styles, party A shoulh make the counter samples (1 piece per style ) fow party B’s approval.
11.2 Sending : Counter samples & shiping documents will be given by party A to party B’s representative or expert in HaNoi. If there is any special request of party B, party A will send the samples & shipping documents to the assigned address, but the sending charge will be on party B’s account.
11.3 Party A is obliged to deliver the finished goods with quality in full conformity with the countersample accepted, technical documentation and instruction given by party B.
- Follow the material consumption rate given in the technical documentation. Every charges must be accepted by Party B or his expert.
- FOB, FCA are to be understood according to incoterms 2000.
- Any amendment of thi contract is only valid in written from and duly confirmed by both paties.
This contract is made in 4 copies in English of equal value amd valid until Mar.31st2002 Each Party Kepps 2 copies of equal value.
Done in HaNoi on .1st. Jan., 2008
CHIEN THANG GARMENT CO.. YOUNG SHIN TRADING CO..,LTD
YOUNG SHIN TRADING CO..,LTD
TỔNG GIÁM ĐỐC CÔNG TY
Đới Thị Thu Thuỷ S. P . EXE.MANAGING DIRECTOR