SALES CONTRACT
Contract No.: Vinacoma-2021-26
Date: 11 March 2021
It has hereby been agreed by and between the undersigned:
SUN SELECT JAPAN CO., LTD.
Add: 2-11 Maya Futo, Nada-ku, Kobe 657-0854, Japan.
Tel: +81 78 881 1899
Fax: +81 78 881 1776
Hereinafter referred to as the Seller
And
VIETNAM CONSTRUCTION MACHINE DEVELOPMENT., JSC
Add: No. 20, 189 Alley, Hoàng Hoa Tham Street, Lieu Giai Ward, Ba Dinh District,
Hanoi, Vietnam.
Tel: +84-4-7306 5686
Hereinafter referred to as the Buyer
1. Commodity
The Seller agreed to sell and the Buyer agreed to buy the following commodity under the
terms and conditions set forth herein below:
Item Description of the goods Quantity Unit price Amount
(unit) (JPY/unit) (JPY)
1 Used HITACHI Crawler Excavator 40 1,550,000 62,000,000
Model: EX120-2
Chassis No.: 12N-38106
Engine No.:226868
Manufacturing Year: 1993
Origin: JAPAN
Total: 40 units DAT Terminal No 3, Lach Huyen, Haiphong port in Vietnam
(Incoterms 2010) JPY 62,000,000
(Say in words: Japanese Yen Sixty Two Million only./.)
2. Quality: The machines must be original and all parts of machine must be in normal
working condition and prompt operation destination port
3. Shipment:
- Latest date of shipment: 30 April 2021
- Partial shipment: Not Allowed
- Transshipment: Allowed
- Loading port: Any port in Japan
- Destination port: Haiphong port in Vietnam
- Destination of discharge: Terminal No.3, Lạch Huyen, Hai Phong
Port, Vietnam
4. Packing: accessories are disassembled, packed in 20 containers, 1x40HC Container
5. Marking: No Mark
6. Payment: 100% by Irrevocable L/C at sight opened in favor of the Seller.
Beneficiary: SUN SELECT JAPAN CO., LTD.
Bank: SUMITOMO MITSUI BANKING CORPORATION. KOBE MAIN OFFICE
Swift Code: SMBCJPJTOSA
Account No.: 6202268
Payment to be effected against presentation of the following documents, in triplicate unless
otherwise stated.
- Seller's signed commercial invoice for 100% DAT value, showing chassis number, engine
number and manufacturing year.
- Detail packing list showing chassis number, engine number and manufacturing year.
- 3/3 original clean "shipped on board" ocean Bill of Lading marked "freight prepaid",
made out to order of L/C issuing bank and notify the buyer.
- Certificate of quantity and quality issued by the Seller.
- Certificate of Origin issued by the Chamber of Commerce or by the Seller.
- Insurance policy or cert covering 110% invoice value against I.C.C (A) clause marked
"Claim if any payable in VIETNAM".
- Advising Buyer of Particulars of Shipment: (B/L. No and date, vessel Name, Name of
Commodities, Invoice Value and Credit Number) by Email within 05 days after shipment.
- Presentation of documents should be made within 14 days after the date of shipment.
7. Force majeure
In the events of non-fulfillment of all or part of this contract due to directly or indirectly to
any act of God, government restrictions, fire, war, strikes, or any other casualties or
contingencies beyond the control of the Seller, otherwise unavoidable, the Seller will not
be responsible for such non-fulfillment.
8. Arbitration
During the course of execution of this contract, all disputes not reaching an amicable
settlement by mutual discussion between the two parties shall be finally resolved by
arbitration at the Vietnam International Arbitration Centre (VIAC) in accordance with its
Rules of Arbitration.
9. General conditions
- Buyer will notify Seller of any claim for defects and wrong model together with
Certificate of Inspection issued by Vina-control within 10 days since arrival of the cargo.
- Any addition, amendment or revision made out to this Sales contract is valid if only made
in writing and to be mutually confirmed by the two parties.
- This Sales Contract shall be signed by both parties via facsimile or email.
- This Sales Contract comes into effect from the signing date.
For the Seller For the Buyer