合同编号： Contract No: _____
合同编号： Contract No: _____
买方 (以下简称“买方”) Buyer: (hereinafter, the “Buyer”)
地址： Address : 电话Tel : 传真Fax :
卖方：(以下简称“卖方”) Seller: (hereinafter, the “Seller”)
地址： Address : 电话Tel : 传真Fax :
本合同经买、卖双方友好协商后在 年 月 日签订。根据本合同签订的条款，买方同意向卖方购买、卖方同意向买方提供下列轻钢结构系统建筑材料一套（以下简称“钢结构”）：
This Contract is made by and between the Buyer and Seller on ______ after friendly negotiations. The Buyer hereby agrees to purchase from the Seller, and the Seller hereby agrees to sell to the Buyer, the following set of metal building system (hereinafter, the “Metal Building System”) on the terms and conditions set forth in this Contract:
第一条 项目名称Article 1. Name of Project
1.1 本项目名称为：The name of this project is:
1.2 本项目位于 （以下简称“工地现场”）。
This project is located at (hereinafter, “the Site”).
第二条 卖方供货范围 Article 2. Scope of Supply from Seller
In supplying the Metal Building System, the Seller shall be responsible for:
the design and manufacture of this project’s entire above-ground structure (see Attachment 1 for details); and
2.1.2所提供钢结构部件及材料的 □必要包装 □运输 □运输的保险。
the necessary packing □shipping □shipping insurance□of and for the parts and materials of the Metal Building System being supplied.
第三条 合同价格Article 3. Contract Price
3.1 本合同总价为人民币 整（以下简称合同总价）。
The price of this Contract is Rmb (hereinafter, the “Contract Price” ).
3.2 合同总价不包含有关之 □关税 □增值税。
The Contract Price excludes the related customs duty □ value added taxes □.
第四条 付款条件及方式Article 4. Payment Terms
4.1 本合同签订后五个工作日内，买方应付予卖方合同总价之20 %作为定金，即人民币： 元。
Within 5 working days of the signing of this Contract, the Buyer shall pay to the Seller a deposit equal to 20% of the Contract Price, i.e. Rmb .
4.2 买方收到卖方的钢结构设计图并确认后三个工作日内，应付予卖方合同总价之20 %作为预付款，即人民币 元。
Within 3 working days of its receipt and approval of the design drawings for the Metal Building System, the Buyer shall pay to the Seller a prepayment amount equal to 20% of the Contract Price, i.e. Rmb .
4.3 钢结构制造完成后，并经买方验收后五个工作日内，买方应付予卖方合同总价之60%，即人民币 元。
Within 5 working days after the manufacture of the Metal Building System has been completed and the Buyer has accepted the Metal Building System, the Buyer shall pay to the Seller 60% of the Contract Price, i.e. Rmb .
4.4 买方支付卖方的所有款项均以银行汇票或电汇方式汇至卖方指定在 银行所开之帐号，号码086861-10224020560。所有付款日期均以卖方收款之银行收款凭证日期为准。如买方逾期五天付款，须从第六天起按日支付该笔逾期款项0.1%的滞纳金。若买方之逾期付款超过应付款日三十天后，卖方有权单方面取消整个合同，并没收买方已支付之定金、预付款和其他款项作为赔偿。若该笔款项不足弥补卖方之损失，则买方还需就不足部分支付赔偿金。
All payments to be made by the Buyer to the Seller hereunder shall be made by bank draft or wire transfer to the Seller’s designated account at Bank , account No. 086861-10224020560. The date of payment for all amounts shall be the official date of receipt by the seller’s receiving bank. If the Buyer’s payment is late for five days,it shall pay a penalty on the late sum from the sixth day at a rate of 0.1% per day. If the Buyer’s payment is late for more than 30 days, the Seller has a right to unilaterally terminate this Contract and forfeit the deposit, prepayment and any other sums as compensation . If such sums are not sufficient to compensate the Seller’s losses, the Buyer shall pay the Seller the amount of such deficiency.
第五条 设计、制造进度及期限Article5. Progress and Time Limit on Design and Manufacture
Within four weeks after it received the deposit, the Seller shall provide to the Buyer the reaction drawings and the drawings for the placement of the anchor bolts required for the design of the Metal Building System. The Buyer shall give this information to the design institute responsible for the design of the foundation as soon as possible. All costs related to the design institute (including the cost of signing the drawings) shall be borne by the Buyer.
Within weeks after it received the prepayment, the Seller shall complete the manufacture of the Metal Building System and notify the Buyer to send its representative to the Seller’s plant to inspect the goods before their delivery and shipment.
Within one week after the Buyer has inspected and accepted the goods and paid Seller the amount set forth in article 4.3 hereof, the Seller shall have the goods shipped to the Site.
Should the Buyer request any changes to the specifications or design of the Metal Building System, it shall notify the seller in writing. The Seller shall try to satisfy the Buyer’s request as best as possible, but may adjust the Contract Price or the time frame for performance based on the additional amount of work, time and materials required as a result of such changes. Such adjustments shall be effective upon agreement by both the Buyer and the Seller. If the Buyer shall fail to sign the relevant confirmation provided by the Seller relating to such adjustments within 2 days thereof , such adjustments shall be deemed to be cancelled by the Buyer. The Buyer shall not be responsible for any delays in the design or manufacture of the Metal Building System as a result thereof.
Except for force majeure or a failure by the Buyer to perform its obligations under this Contract, if the Seller fails to complete on time any of its tasks set forth above, it shall pay a penalty of 0.1% per day on the late amount, commencing on the fourth day of such delay, provided that such penalty shall not exceed 3% of the Contract Price.
The delivery schedule referred to in Sections 5.2 and 5.3 hereof is subject to the Purchaser returning the approved design drawings to the Seller within 7 days of receipt thereof and inspecting the goods at Seller’s plant within 7 days of notice thereof from the Seller. Each day of delay in the return of such approved drawings to the Seller or such inspection of the goods, for whatever reasons, will result in a two-day postponement of the date of delivery. If any such delay shall exceed 7 days, the Seller shall be entitled to re-schedule the delivery date based on its then existing business commitments.
The Purchaser shall indemnify the Seller for all costs incurred by it as a result of any delay in the delivery of the Metal Building System caused by the Purchaser, including, without limitation, the cost of storage which shall be charged at the rate of Rmb 83 per ton per day.
第六条 装运和清点Article 6. Packing, Shipping and Inventory
The Metal Building System may be packed and shipped to the Site only after the manufacture of the Metal Building System is completed and the Buyer has inspected and accepted the goods. The Seller shall notify the Buyer one week in advance of the shipment date so that the Buyer can provide the working convenience for the Seller, such as the roads and place for the storage of the goods and water and electricity, etc.
After the goods arrived at the Site, the Seller shall immediately inventory and inspect the quality of the goods and accept them. If there is any damage thereto, the Buyer shall immediately notify the Seller.
The Buyer shall be responsible for the unloading of the goods at the Site. The costs of any delays shall be borne by the Buyer.
第七条 产品检验Article7. Inspection of Goods
If during the course of inspection the Buyer discovers that the quality, quantity, specifications of nature of the goods do not meet with the requirements in the Contract, it may request to return the goods or have them repaired or replaced so as to meet the requirements in the Contract. If there is any dispute, the Buyer may apply to have Shanghai Import & Export Commodity Inspection Bureau to inspect the quality, quantity, specifications and nature of the goods. All costs related thereto shall be borne by the Buyer.
第八条 卖方声明和保证Article 8. Seller’s Representations and Warranties
The Seller makes the following representations and warranties with respect to the quality and quantity of the goods:
8.2 钢结构设计以美国Metal building Members Association (MBMA) 建筑规范 （1986年版）及相关技术文本为标准。
The design of the Metal Building System is based on the building codes of the Metal Building Members Association (MBMA) of the United States of America (1986 Edition) and related technical documents.
The Seller’s warranty on the goods is one years. If the goods develop problem during normal operation within one years. of its arrival at the Site, the Seller shall provide free repair service. This warranty does not cover any problems caused by the mishandling of the goods by the Buyer or indirect losses caused by the raw materials or any consequential damages.
第九条 技术资料和单据Article 9. Technical Information and Receipts
Within one week of the delivery of the goods to the Site, the Seller shall provide the following technical information to the Buyer:
9.1.1 A copy of the product description issued by the manufacturer; and
9.1.2Three copies of the construction drawings.
After the goods have been shipped ,the Seller shall provide the Buyer with the following invoices and receipts:
9.2.1A tax receipt, the content of which shall include the number of this Contract, the name of the project, etc.
9.2.2 Four copies of the inventory list of the goods delivered;
9.2.3 The quality and quantity certificate issued by the manufacturer; and
第十条 不可抗力Article10. Force Majeure
If the performance of the Buyer or Seller under this Contract is affected by a force majeure, then the period for such performance shall be postponed during the duration of such event. The affected party shall notify the other party by fax within 3 days of the occurrence of such event and shall provide the other party evidence of such event within 10 days of the occurrence of such event. After the force majeure event has terminated, the affected party shall notify the other party by fax within 3 day after the termination of such event followed by a latter to evidence such termination. The parties shall discuss the problems of this Contract if any force majeure event shall affect such performance for more than 12 weeks.
For purposes hereof, force majeure means any unforeseeable event, such as war, insurrection, mob action, civil commotion, fire, strike, natural disaster, embargo and any other event outside the control of the Seller.
第十一条 仲裁Article 11. Arbitration
All disputes arising out of or in connection with this Contract shall be resolved by the parties through friendly negotiations . If the parties are unable to resolve such disputes, either party may submit such disputes to arbitration by the China International Economic and Trade Arbitration Commission, which arbitral award shall be final and binding on both parties. The costs of arbitration shall be borne by the losing party.
第十二条 其他条款Article12. Other Provisions
This Contract shall be effective after both parties have signed and sealed it. When the duties and obligations of the Buyer and Seller are completed, this contract shall automatically terminate.
The appendices to this Contract constitute an inseparable part of this Contract and shall have the same legal effect of this Contract.
This Contract sets forth the entire understanding and agreement of the parties and shall supersede all prior agreements between the parties with respect to the project set forth in this Contract.
This Contract has four counterparts, the Buyer and the Seller each to have two counterparts.
Legal Representative or Proxy (Signature): Legal Representative or Proxy (Signature):
设计及材料说明Design & Materials Specification
All rigid frames will be welded, built-up “I” sections. The columns and the rafters will both select welded, built-up “I” according to design requirements The design will be in accordance with the stress design and plastic stress design permitted by AISC’s June 1, 1989 edition of “Specification for Structural Steel Buildings”.
All base plates, splice plates, cap plates, and stiffeners will be welded into place on the structural parts in the factory. Anchor bolt openings and all base plates, splice plates and flanges will be pre-fabricated at the factory and include bolt connection holes. Webs will be shop fabricated to include cable brace and rod brace holes and flange brace holes.
The quality of steel for all built -up sections will be the same as ____. After the frame is manufactured , injecting sand and undusting from the face, then cover coats.
檩条和围梁为冷弯“Z”型或 “C” 型薄壁型钢，并在翼缘设置加强件，工厂加工时预先冲孔，以便于在现场将其与主框架用螺栓连接起来，檐口支撑为翼缘宽度不等的冷弯C型材。
Purlins and girts should be cold-formed “Z” or “C” sections with stiffened flanges. They will be pre-punched at the factory to provide for field bolting to the primary framing. Eave struts should be unequal flange, cold -formed “C” sections.
Diagonal bracing in the roof and sidewall will be used to remove longitudinal loads form the structure. This bracing will be furnished to length and equipped with bevel washers and nuts at each end .It may consist of rods threaded each end or galvanized cable with suitable threaded end anchors. The compression flange of all primary framing will be braced laterally with angles connection to the webs of purlins or girts so that the flange compressive stress is within allowable limits for any combination of loadings. When diagonal bracing is not permitted in the sidewall, a rigid frame type portal, fixed base columns, or wall diaphragm must be used. Wind bracing in the roof and /or walls need not furnished where it can be shown that the diaphragm strength of the roof and/or wall covering is adequate to resist the applied wind forces.
The wall Panel should be aluminum-zinc alloy-coated cold-formed steel. The base metal shall be pretreated and then primed with primer. The exterior side shall be given P.V.D.F. coating (Kynar 500). All the dry film thickness shall be 27～30µm.
内墙板在冷轧钢板表面镀铝锌合金镀层后，表面处理后，再加以烘烤，最后再涂覆上耐候性极佳的特殊强化聚脂（Special Modified Polyester）, 这些措施可保证铝锌色板在经过多年的风雨侵蚀后不产生褪色、剥落现象。
The interior wall panel should be aluminum-zinc alloy-coated cold-formed steel. The base metal should be pretreated and baked, then given the Special Modified Polyester which has excellent weatherability. These can protect the aluminum-zinc alloy-coated steel from fading and spalling by weathering.
6.其他零星材料说明Miscellaneous Material Specifications
Structural Bolts: All bolts used in primary splices and secondary framing connections will be as required by design.
Fasteners for Roof Panels and Wall Panels: All the connections for Roof Panel and Substructure will be self-drilling carbon steel screws with a molded zinc alloy or capped stainless steel cupped hex washer head. Roof fasteners will be assembled with washer. The wall fasteners will be color coordinated with a premium coating system. The self-drilling steel screws will be imported.-drilling steel screws will be imported.