Pada mata kuliah Praktek Perancangan Kontrak, kami diberi kiprah untuk menciptakan perjanjian jual beli dengan catatan metode pembayaran dan penyerahan barang di tentukan oleh Dosen.
Saya menerima perjanjian ihwal jual beli pendingin ikan dengan metode pembayaran melalui L/C (Letter of Credit) dan penyerahan barang secara Delivered Ex-Quay (DEQ).
Saya menentukan untuk menciptakan perjanjian dengan memakai Bahasa Inggris, sekalian mengasah writing skill walaupun sukses menciptakan sakit kepala 🙁
Di bawah ini yaitu perjanjian yang aku buat, tidak terlalu lengkap pasal-pasalnya jikalau dibandingkan dengan perjanjian jual beli melalui L/C dan DEQ sesungguhnya. Tetapi aku rasa cukup sebagai pemikiran belajar. Beberapa isi pasal aku buat menurut buku praktek kontrak (tapi aku tidak ingat lagi apa saja bukunya, alasannya menggabungkan beberapa kalimat dari beberapa buku).
Bahasa Inggris aku juga masih kurang dalam hal writing, jadi jikalau ada yang salah mohon dimaklumi dan diberi saran atau komentar.
SALES AND PURCHASE AGREEMENT ON FISH COLD STORAGE
This Sales and Purchase Agreement, known herein as the “Agreement” is made and signed on Sunday, 8 October 2016 in Indonesia, by and between:
Name : Ayu Lestari
Occupation : CEO of Samudra Inc.
Address : Simpang Lima Avenue
Number 7, Bandung
Identity Number : 155600067231000
In this instance
acting in her capacity as a CEO and therefore authorized to act for and behalf
of Samudra Inc., an entity established and incorporated under the law of Indonesian
Ministry of Justice and Human Rights Letter of Decision Number
AHU-0010889.AH.01.07.Tahun 2009., herein after referred to as Seller;
And,
Name : John Winchester
Occupation : CEO of Shoreline Inc.
Address : 54 Toluca, Seattle, WA
Identity Number : JOWINCH1897M
In this instance
acting in his capacity as a CEO and therefore authorized to act for and behalf
of Shoreline Inc., an entity established and incorporated under the law of USA
Department of Licensing, Business, and Professions Division ID Number
631998776-031-0849, herein after referred to as Buyer.
Buyer and Seller
shall collectively be known herein as the Parties.
RECITALS
- Whereas, Seller
is a fishing company that has been operating for 7 years, specialized in fisheries equipment and refrigerated
storage.
- Whereas, Seller
wishes to expand its business link across state especially Seattle, WA. - Whereas, Seller
desires to sold the Fish Cold Storage described below, known herein as the “Goods”,
under the terms and conditions set forth below;
And,
- Whereas, Buyer is a company operating as a
seafood supplier for restaurants, hotels, caterers and grocers throughout Seattle areas, WA. - Whereas, Buyer
desires to purchase the Cold Storage offered by Seller under the terms
and conditions set forth below; - Whereas, the
Parties wish to abide an Agreement and define the respective rights and
obligations of the Parties regarding the Cold Storage procurement.
Now therefore, in
consideration of the mutual covenants herein contained, the Parties hereby
agree to execute this Agreement under
the following terms and conditions agreed as follows:
Article 1
Object of The
Agreement
The Seller shall
sell to the buyer and the buyer shall purchase from the seller the Goods with description:
- With 10m x 4m x 3m
dimension, Color steel Plate material, Copeland compressor, temperature from
-20C to 0C, Polyurethane raw material, and 100mm thickness; - 50 (fifty) units in
total; - With Plywood case
packaging.
Article 2
Delivery
- Delivery shall be
made Delivered Ex Quay (DEQ) (Incoterms 2000) to Seattle Bay shipping point. - The Buyer shall pay all and any taxes, duty, and other charges
upon import.
Article 3
Time of Delivery
- Deliver of Goods
will take places within 30 (thirty)
calendar days counting
from the date which the Seller receives the notification of the opening
of a L/C by the Buyer. - The Goods will
arrive to Seattle Bay approximately 15 (fifteen) days after the delivery.
Article 4
Warranty
Seller warrant that Goods
produced by Seller shall be free from defects in material, workmanship
and title and shall be of the kind and quality specified or designated by Seller
in this Agreement.
Article 5
Documents
- The Seller
shall make available to the Buyer and the Advising bank the following
documents; Commercial invoice, Transport Documents, Packing List, Insurance
Documents, Certificate of Origin and Customs Documents. - The documents
mentioned above will be provided with two copies of each document.
Article 6
Insurance
- Seller, at
her own expense, shall procure a policy with a first class marine insurance
institute to cover the 110% (one
hundred and ten percent) of
the value of the cargo. The insurance policy will cover all risks of loss or
damages to said cargo, including war, hijacking, explosion etc. from the time
the cargo has passed the ship’s manifold flanges at the discharging port. - Marine Insurance will cover
all risk, of loss or damage to said cargo, including war, hijacking, explosion
etc. until cargo commences to pass the ship’s manifold flanges at the discharge
port.
Article 7
Tax
The Buyer shall pay all and any taxes, duties,
upon import in the discharge port.
Article 8
Price
- The total price for
the supply and delivery of the Goods including expenses involved in the
shipment and delivery of products under this Agreement is USD 110.000 (one-hundred ten thousand
dollars). - The price mentioned
above exclude installations services.
Article 9
Method of Payment
- Payment shall be
made by Buyer to Seller in US Dollar through irrevocable Letter of
Credit (L/C) at sight. - L/C shall be issued
before grading. - Advising bank shall
be Mandiri Bank, Banda Aceh, Indonesia. - Issuing bank shall
be Seattle Bank, Seattle, WA.
Article 10
Dispute Resolution
- Any dispute,
controversy or claim arising out of or in relation to this Agreement, or the
breach, termination or invalidity thereof, shall be settled amicably by
negotiation between the Parties. - In the event that
such negotiation is unsuccessful, either Party may submit the dispute to
arbitration. The arbitral award will be simpulan and binding.
Article 11
Force Majeure
Neither Party
will be liable for any delay in performing or failure to perform any of its
obligations under this Agreement if such delay or failure is caused by force
majeure, such as civil disorder, military action, natural disaster and
other circumstances which are beyond the control of the Party in
question. In such event, the Party will give immediate notice in writing
to the other party of the existence of such cause or event and of the
likelihood of delay.
Article 12
Choice of Law
This Agreement is
governed by law of the Republic Indonesia.
Article 13
Choice of Language
The applicable in
the Agreement will be English language.
Article 14
Severability
If any one or more
of provisions contained in this Agreement or any document executed in
connection herewith shall be invalid, illegal, or unenforceable in under any
applicable law, the validity, legality and enforceability of the remaining
provisions contained herein shall not in any way be affected, provided that in
such case the Parties oblige themselves to use their best efforts to
achieve the purpose of the invalid provision by a new valid stipulation.
Article 15
Notices
Any notice given
pursuant to this Agreement will be sufficiently given if it is in writing and
delivered, or sent by prepaid post or facsimile to the other Party at
the following address:
Seller :
Simpang Lima Avenue Number 7, Bandung, Fax 152816.
Buyer :
54 Toluca, Seattles, Fax 1208934.
Article 16
Amendments
All amendments to this Agreement shall not take effect
unless made in writing and signed by the authorized officers of the Parties
hereto and shall be deemed to have been incorporated with this Agreement.
This Agreement will
enter into force upon signature by both Parties and shall remain in
forces until completion of all obligations of the Parties under this
Agreement.
Signed in two copies in English, on Sunday 8 October 2016 at Indonesia.
Seller,
(Ayu Lestari)
Buyer,
(John Winchester)
Sumber http://randomwalkblog.com
