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各位前辈帮帮忙,事情是这样的:
我一个巴基斯坦的客户给我发了询价,报价过去后,他就发了一份标书过来,问我们愿不愿意和他们一起投标的。 本人外贸资历还很浅,条款很复杂,公司也没人可以指导。不知道怎么办,各位帮帮忙。条款如下:
PERFORMANCE BOND
Performance Bond in the form of Bank Guarantee (as per Annex –lll of the Tender Enquiry) equal to 10% of the value of order issued by a scheduled Bank operating in Pakistan must be submitted by local agent with in 15 days after receipt of this Purchase Order which should be valid for 150 days from the date of shipment and shall be released after satisfactory execution of the order in all respect. If you fail to furnish the said guarantee the order is liable to be cancelled.
In the event of unsatisfactory performance or any breach of the Contract/Purchase
Order, the Bank Guarantee shall be forfeited by the Purchaser..
INSPECTION
The goods will be accepted on SGS Inspection with regard to quality and quantity subject to inspection on arrival at consignee’s warehouse .
( NOTE SGS IS NOT REQUIRED FOR BEARING TENDER )
PACKING AND MARKING
Packing should be 100% seaworthy for safe delivery of material. Packed boxes should be lined inside with thick polythene sheets and cushioned properly to avoid absorption of moisture and breakage. However, the loose cargo having tonnage of 18-20 M.T. in container be treated “full container load (FCL) “. This is mandatory for the supplier to mark “FCL/FCL , CY/CY” on bill of lading.
If at the time of taking delivery from the carriers or on receipt at Consignee’s premises the goods are found to have suffered loss or damage attributable to faulty packing, the loss or damages will be recoverable from or will be made good by the Supplier at his own cost.
The package(s) must bear following markings
MANAGING DIRECTOR,
****** LTD.,
******,
******,
P.O.NO.
PACKAGE NO.
NET WEIGHT KGS
GROSS WEIGHT KGS
VOLUME CBM
All packages or cases must bear serial number clearly and boldly without any duplication.
If tonnage of loose Cargo is within 18-20 M.T. in a Container the same will be treated as a full container load (FCL) for which House Bill of Lading (HBL) will not be accepted.
SHIPMENT
11.1 The shipment on C&F basis should be made preferably by Conference Line vessels. .
under no circumstances shipment should be made by Indian flag vessel
11.2 Any demurrage, penalty or container detention charges due to late receipt of shipping
documents as well as wrong making will be borne by the supplier .
111. Goods must be delivered through following shipping line only no other shipping line is acceptable to PSM .
1.Maersk Line . 2.APL ( American President Lines Ltd ) .
3.Safmarine Container Lines N.V. 4.Mediterranean Shipping Company S.A
12 PREPARATION OF INVOICES AND SHIPPING DOCUMENTS
All invoices, bill of loading & shipping document must bear purchase order number and date as well as L/C number and date. All documents must be prepared in English language.
13. ADVANCE SHIPMENT DOCUMENTS
Immediately after the goods are shipped or at least within seven (07) days of sailing of the vessel you must send non-negotiable shipping document consisting of bill of lading, commercial invoice, packing list, certificate of origin and Mill Test Certificate by courier service as well by fax to the Head (Procurement),******LTD., *** **, ***, Karachi, Pakistan at our fax No.*******under your cover letter stating ETA of the vessel.
One set of non-negotiable shipping document as per Para 13.1 must be sent directly by Courier to Incharge (Stores), ******, ****, Karachi, Pakistan immediately after sailing of the vessel.
14. PAYMENT
An irrevocable Letter of Credit will be opened in your favor to cover the total C&F value of the Purchase order.You will be entitled to draw C&F value for the quantities actually shipped on presentation of following documents.
14.1 Two (02)numbers of “shipped on board” Ocean Bill of Lading (negotiable) and three (03) numbers of Bill of Lading (non-negotiable) notifying *******. Pakistan as consignee The bill of lading must bear following marking in the column kind of package/description goods:
00 x 20’ FCL/FCL,CY/CY Container
Total net weight
Total gross weight
Free Time:15 days free period is allowed for line detention charges from the date of discharge.
Purchase Order No. Dated
H.S. Code No.
Import Registration No. W-104132
Insurance cover Note No.NIC/M/SZ/COV/17-0081-1/90
Dated
L/C No.: Date
This is certify that the carrying vessel is operating under a Flag other than of Israel/India and the goods will not be transshipped at any of the vessels/ports of the aforesaid countries.
Clean Shipped on Board Date
14.2 Five(05)Sets of Packing List each manually signed giving full detail of number of packages/cases with their serial number, description of item, quantity contained in each package.net and gross weight of each package/case. dimension of each package/case and mentioning our purchase order number and L/C number.
14.3 Eight(08)sets of commercial invoices each manually singed mentioning complete, description, quantity, unit price, total value of each item and grand total of the invoices. Invoices should bear our purchase order number and L/C number
14.4 Three (03) Copies of Warranty/Guarantee Certificate each manually signed and stamped.
14.5 Three (03) sets of certificate of Origin certifying that the merchandise is of Chinese origin .
14.6 Three (03) sets of Mill Test Certificate duly manually signed and stamped by chief inspector/surveyor
14.7 Receipt of dispatch of non-negotable Bill of Lading, Packing list, commercial invoice, certificate of origin and Mill Test Certificate to the consignee as per clause 13 above by courier service within seven (07) working days of sailing of vessel.
MARINE INSURACNCE
We have arrangement for insurance with National Insurance Company NIC Building. Off Abbasi Shaheed Road, Karachi -4 As soon as shipment is effected, you will notify directly to National Insurance Corporation of complete shipping details and Insurance Cover note number by fax at their fax no.0092-21-9202779 under advice to us to enable us to arrange suitable cover.
16. WARRANTY/GUARANTEE
The supplier will render Warranty/Guarantee certificate to the Purchaser as per Annex-V of the Tender Enquiry, In the event ordered goods after receipt at consignee's ware house are found not conforming to the relevant specifications and other particulars after final inspection at the PSM Site , The supplier shall replace the rejected goods by acceptable goods free of cost and without any obligation to the purchaser within twelve (12) weeks of being informed of the defects by PSM. Failing which it will refund the cost of goods in the currency in which payment has been received together with expenses incurred as determined by PSM. Rejected goods will be disposed off by the supplier under his own arrangements.
EXPORT LICENCE / PERMIT
It shall be the responsibility of the supplier to obtain from the government concerned all permits and export license etc. required to enable effect shipment. In case goods are not supplied due to any restrictions by the government in the manufacturing country, you will reimburse all costs incurred towards opening of letter of credit and other related expenses to PSM
18. TEST CERTIFICATE
Mill Test Certificate, certificate duly signed manually and stamped by chief inspector/surveyor must be furnished. The Mill Test Certificate must be in conformity with the purchase order within permissible limits, and
19. FAILURE&TERMINATION
If the supplier fails to deliver the ordered quantity of goods within the specified delivery period, PSM shall be entitled at its own option either;
To recover form the supplier the liquidated damages, not by way of penalty. A sum of 2% of the price of any goods which the supplier has failed to deliver as aforesaid for each month or part of the month during which the delivery of such goods may be in area or
To purchase the goods not delivered by the supplier within the specified time from elsewhere without notice to the supplier but at the risk and cost of the supplier and to recover excess value so paid from performance bond or from any other outstanding bill; or
To cancel the purchase order at the risk and cost of the supplier.
In the event action being taken under (ii) and (iii) above the supplier shall be liable for any loss which PSM may suffer on such account from repurchase but the supplier shall not be entitled to any gains on repurchase made against the supply order.
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