SY/T 5586-1993 Specification for the Contract for the Import of Complete Sets of Equipment for the Petroleum IndustrySY/T5586-1993 Standard download decompression password: www.bzxz.net

SY/T 5586--93 Petroleum and Natural Gas Industry Standard of the People's Republic of China
Petroleum Industry
Specifications for Contracts for the Import of Complete Equipment
1993-03-27
Ministry of Energy of the People's Republic of China
1993-09-01 Implementation
1 Content and Scope of Application
Citations
3 Terminology
|4 Basic Requirements for Contract Preparation
5 Contract Format and Clause Arrangement
Appendix A, Contracts for the Import of Complete Equipment in the Petroleum Industry Specific format and clause arrangement of equipment introduction contract (supplement) Appendix B Clause arrangement when lump sum payment is adopted for technical service fee (supplement) Appendix C References of the specification (reference) 1
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1 Subject content and applicable scope
Petroleum and natural gas industry standard of the People's Republic of China Specification for equipment introduction contract in the petroleum industry
This specification stipulates the basic requirements, format and text arrangement for the preparation of equipment introduction contract in the petroleum industry. This specification is applicable to the preparation of equipment introduction contract for complete sets under F○B price conditions. 2 Reference standards
GB190 Dangerous goods packaging mark
GB191 Pictorial mark for packaging storage and transportation
GB4122 General terms for packaging
3 Terms
3.1 Complete set of equipment should generally include the following contents:
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a. A series of equipment with a predetermined production capacity that can produce products that meet the design standards, including main equipment, auxiliary equipment, accessories, spare parts, tools and equipment, etc. b. Engineering design, a full set of technical drawings, materials and technical know-how or patents carried out by the seller according to the buyer's needs. c. All technical services provided by the seller's technical personnel on site from equipment installation to the end of the quality assurance period to ensure that the designed production capacity is achieved.
d. Technical training provided by the seller to the buyer's technical personnel to ensure that the buyer's technical personnel reach the required technical level. 3.2 Contract
A contract, also known as an agreement, is an agreement between parties to establish, change and terminate a civil legal relationship. 3.3 Equipment
refers to item a in Article 3.1 of this specification.
3.4 ​​FoB Price Free on Board
FOB price is also known as free on board price or free on board price, that is, in international trade, the seller fulfills the responsibility of delivering the goods through the designated port on the loading ship. The buyer must bear all costs and the risk of loss or damage to the goods from then on. The FOB term requires the seller to clear customs for export goods. This term is only used for sea or inland waterway transportation. 3.5 Irravocable letter of credit means that once a letter of credit is issued, during its validity period, the issuing bank shall not unilaterally modify or revoke it without the consent of the beneficiary and the relevant banks (such as negotiating banks, confirming banks, etc.). As long as the documents provided by the beneficiary meet the terms of the letter of credit, the issuing bank must perform the payment obligation. According to international practice, all irrevocable letters of credit must indicate the word "irrevocable" on the letter of credit. 3,6 Proforma invoice is a kind of rough invoice that the buyer requires the seller to issue in advance. It is not a document indicating debt, and its nature and function are not like a formal invoice, and it has no final binding force on both parties. In addition to the payee, product name, quantity, unit price, total price, delivery date and validity period, the proforma invoice also has the words "Proforma Invoice" printed on it. SY/T5586-93 In international trade, proforma invoices are often used in the following situations: a. For buyers to apply for import licenses or foreign exchange; 6. Replace quotation sheets #
and use them when handling consignment business:
d. When the goods are delivered in batches, the proforma invoice is used in batches. After all the goods are delivered, the formal invoice is issued. e. When the formal invoice has not arrived, it is used by the buyer for customs declaration. 3.7 Commercial invoice commercial invaice The formal invoice issued by the seller to the buyer, which contains all kinds of details of the goods sold. It generally includes the name of the goods, specifications, shipping quantity, unit price, total price, packaging and transportation method. 3.8 Sight draft
Sight draft is also called sight draft. It is an unconditional written payment order issued by the drawee requiring the payee to pay a certain amount of money to the payee or holder upon sight. It is mostly used for the remittance of freight and insurance premiums, the settlement of the balance of the payment, the importer's advance payment and the exporter's sight payment.
3.9 Blank endorsement blank endorsement A method of endorsement. Refers to the endorsement method in which the holder of a document only signs his own name on the back of the document without indicating the name of the transferee when transferring the rights of the document. A document becomes a "bearer's document" after blank endorsement. The holder of the document is the owner of the document and has the right to obtain the goods represented by the document.
3.10 Carrier
Refers to an organization that transports goods and collects freight, that is, signs a transportation contract with the consignor. 3,11 Agent
An organization entrusted by the carrier to handle various commercial transportation matters and charge a certain commission or handling fee according to the amount of services provided.
3.12 Bill of Lading
Is a document issued by the carrier or its agent to the consignor after receiving the goods. Its nature and function are mainly manifested in three aspects:
a. The receipt of goods issued by the carrier to the consignor 6. The certificate representing the ownership of the goods
C. The proof of the transportation contract agreed by both the carrier and the shipper. The main contents of the bill of lading generally include the following items: the name of the shipping company, the shipper, the name of the consignee and the notify party, the name of the ship and the name of the loading and unloading port, the name, quantity, mark and piece number of the goods, the freight, the number of bills of lading, the date of issuance of the bill of lading, the terms of the carrier's transportation of the goods, etc. The shipping company issues a bill of lading, which must be signed by the carrier or the captain to be valid. 3.13 Clean bill of lading When the goods are loaded on the ship, the carrier checks and finds no damage to the goods and poor packaging. This bill of lading generally means that the goods are in good condition on the surface, but does not include the intrinsic quality of the goods. In international trade, the buyer requires the seller to provide a clean bill of lading, and the bank will pay the seller only after seeing the clean bill of lading. The carrier is responsible for the consignee. If it is found that the traded goods do not match the bill of lading issued, the carrier must compensate for the loss. Except for marine losses, the consignee has the right to make a claim to the carrier.
3.14 Original bill of lading refers to the bill of lading that can be used to collect goods from the shipping company. It is usually in triplicate, and each copy has the same effect. However, if one copy has been used to collect goods, the remaining copies will be invalid.
3.15·Dangerous goods2
SY/T 5586--93
Dangerous goods refer to explosives, flammable gases, non-flammable compressed gases, toxic gases, flammable liquids, flammable solids, self-igniting items, dangerous goods when wet, oxidants, organic peroxides, toxic substances, highly toxic substances, harmful substances (avoid food), infectious substances, radioactive substances, and corrosive substances.
3.16 Dead freight
refers to the fees that the charterer needs to pay for the vacant space caused by the failure to ship the goods that he has agreed to ship. 3.17 Demurrage
In a voyage charter, due to the delay in loading and unloading of goods, the loading and unloading period exceeds the stipulated period. In order to compensate for the loss of the ship's shipping time, the shipowner charges the charterer for the delay. 3.18 Onboard date
Refers to the date when the goods are actually loaded on the ship. Generally, the date of issuance of the original bill of lading is used as the loading date. 3.19 Packing mark
In order to facilitate the identification of goods, transportation, inspection, and smooth work of the warehouse and customs departments, the mark printed on the transport package of the goods in accordance with the contract provisions. Including packaging storage and transportation pictorial marks, delivery and receipt marks, and dangerous goods packaging marks. The packaging marks must be kept clear, simple and easy to distinguish, and the pictures and texts must be written on the obvious parts of the goods packaging. 3.20 Indicative mark In the process of storage and transportation, in order to ensure proper storage and handling, the mark at a certain position of the package is indicated in simple and eye-catching patterns and texts according to the prescribed standards.
3.21 Shipping mark
Shipping mark is also called shipping mark. It is usually composed of simple geometric figures, letters, numbers and words, and is marked on a certain position of the transport package as a mark for the consignee and consignor to identify the goods. Its content generally includes contract number, destination name and code, consignee code, consignor code, cargo name and batch number, box number/piece number, total number of boxes and pieces, gross weight/net weight, external dimensions and country of origin. 3.22 Dangerous substances mark Hazardous substances mark is a mark on the product transport package that indicates dangerous goods of different categories (items) and properties, usually composed of different patterns, colors and meanings.
3.23 Shipping tag
A label pasted or hung on the transport package. The content of the shipping tag generally includes the room number, host name, component name, assembly position number and part number. In addition to the above content, spare parts and tools must also indicate the words "spare parts" or "tools". 3.24 Force majeure accident refers to an accident that occurs during the execution of the contract and is unforeseeable, unpreventable, unavoidable and uncontrollable by both parties. There are two types of force majeure accidents: one is caused by natural causes, such as typhoons, tsunamis, earthquakes, floods and fires caused by lightning, and the other is caused by social causes, such as war. 3.25 Arbitration
refers to the voluntary submission of the relevant disputes by the contracting parties to a third party agreed upon by both parties when a dispute occurs. Arbitration is different from friendly negotiation and judicial proceedings, and the arbitrators from non-governmental organizations make the decision as the referee. This decision is binding and both parties must comply with it.
4 Basic requirements for contract writing
4.1 The writing of the contract should comply with relevant national policies, laws, regulations and relevant provisions of the competent authorities. 4.2 The writing of the contract should comply with international practices.
4.3 The content of the contract should be comprehensive, reasonable and feasible, and the text should be accurate, concise and logically rigorous to avoid the possibility of difficulty in understanding or different understandings.
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4.4 The key terms in the contract need to be defined and listed in the annex to the contract. The key terms should at least include 3.1, 3.3 and 3.24. 5 Contract format and clause arrangement
5.1 The English version of the contract, the format and clause arrangement of the contract, see Appendix A (Supplementary) 5.2 The clause arrangement when the technical service fee adopts the lump sum method, see Appendix B (Supplementary). Note: There are three cases of underline usage in the contract, such as, ———, leaving a blank for numbers to be filled in, a
b. For example: goninty. Bo and ninety are recommended numbers.
The legal name of the company should be filled in as required. After entering the numbers or words, all underscores should be removed. SY 586-93
Appendix A
Specific format and text layout of the import contract for complete sets of equipment for the petroleum industry (supplement)
SY/T 5586--93
Full Name of the Contract for Complete Sets of Equipment for Petroleum Industry
Contract Number
Date at the Place of Contract Signing
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Subject of the Contract·
Price·
Payment and Payment Terms
Delivery and Delivery Terms
Packaging and Packaging Mark
Design and Design Liaison
Standards and Inspection
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Installation, commissioning, trial operation, performance assessment and acceptance. Guarantee, compensation and liquidated damages
Technical training of the buyer's personnel...
Chapter 10
Chapter 2
Chapter 13
Chapter 14
Chapter 15
Chapter 6
Technical services of the seller's personnel
Force majeure·
Effectiveness, termination of the contract and others··
Legal address
Scope of supply of equipment
Equipment installation site conditions and main performance of the equipment - Appendix 2
Patent list ·
Appendix III
Appendix IV
Contents of technical data and delivery date
Contract item schedule
Appendix V
Key terms and definitions in the contract
Appendix V
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+*(17)
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.. (24)
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1.1 The Parties:
Buyer, China, legal name of the company; Seller: Country, legal name of the company. The Parties hereby sign this Contract on the following terms. SY/T 55B6--93
Chapter 1 Subject Matter of the Contract
1.2 The Buyer agrees to purchase from the Seller, and the Seller agrees to sell to the Buyer the complete set of equipment, including a. Equipment, the delivery specifications of which are shown in Annex 1 of this Contract; the installation site conditions and the main features of the equipment are shown in Annex 2 of this Contract; the patent rights contained in the equipment are shown in Annex 3 of this Contract; b. Technical data, the contents and delivery date of which are shown in Annex 4 of this Contract; c. Technical training of the Buyer's personnel by the Seller, the scope and treatment of which are shown in Chapter 10 of this Contract; d. Technical services provided by the Seller's personnel, the scope and treatment of which are shown in Chapter 11 of this Contract. 1.3 The Contract Project Schedule is shown in Annex 5 of this Contract. 1.4 1
Key terms and definitions in the contract are shown in Annex VI of this contract. Chapter II
The total price of the complete set of equipment and the sub-item prices included are shown in Table 1. Table 1
Project name
Technical training
Technical service
FOB total price:
Sub-item name
Name of each major equipment
Corrosion equipment
Equipment price (subtotal):
(lowercase):
Unit quantityUnit priceSub-item price
Please indicate packaging costs, inland
freight, discounts, etc.
(uppercase):
The price of technical data is already included in the equipment price. The seller shall bear all costs and risks of technical data before delivery at the destination port name.
Chapter 3 Payment and Payment Terms
3.1 The buyer and seller shall make payment in the currency name, and the payment shall be made by telegraphic transfer. 3.2 The buyer shall pay the seller through the buyer's bank in China to the seller's bank's account, and the seller shall pay the buyer through the seller's bank to the buyer's bank in China. All payment documents of the buyer and seller shall be submitted through the above banks. 3.3 The payment for the equipment specified in Article 2.1 of this contract shall be paid by the buyer to the seller in accordance with the following provisions. 8
SY/T 5586-—93
6.3.1 10% of the equipment payment (the amount in lowercase letters, or the amount in uppercase letters) shall be paid to the seller within 30 days after the contract takes effect, when the buyer receives the following five documents submitted by the seller and verifies that they are correct. a. A photocopy of a valid export license issued by the relevant authorities of the seller's government or a document that does not cover the export license. b. An original and one copy of an irrevocable letter of credit issued by the seller's bank in favor of the buyer for 10% of the equipment price. c. A pro forma invoice in four copies for 100% of the equipment price; d. A commercial invoice in six copies for 10% of the equipment price. e. A sight draft in two copies.
When paying the above advance payment, the buyer shall submit to the seller an irrevocable letter of credit issued by the buyer's bank in China for 98% of the equipment price. The formats of the irrevocable letters of credit issued by the seller's bank and the buyer's bank shall be signed and effective in accordance with the current regulations of the Bank of China. 3.3.280% of the equipment payment is in lowercase (in uppercase). When the Seller delivers the goods in batches in accordance with Chapter 4 of this Contract, and the Buyer receives the following five documents for each batch of goods submitted by the Seller, after review and correction, 80% of the payment for the batch shall be paid to the Party within 30 days: a, the original and three copies of the clean bill of lading with blank endorsement and marked "Name of the company to be notified of the port of destination", b, six copies of the commercial invoice 3
c, two copies of the sight draft,
d, six copies of the detailed packing list
e, six copies of the quality certificate issued by the manufacturer. 3.3.3 5% of the equipment payment is in lowercase (in uppercase), and the buyer shall pay the seller within 30 days after receiving the following three documents submitted by the seller and checking them to be correct: a. Commercial invoice in six copies
b. The first copy of the complete equipment delivery and acceptance certificate signed by the representatives of both parties in two copies; G. Sight draft in two copies.
3.3, 4 5% of the equipment payment is in lowercase (in uppercase), and the buyer shall pay the seller within 30 days after receiving the following three documents submitted by the seller and checking them to be correct: and. Two copies of the complete equipment warranty expiration certificate signed by both parties! b. Commercial invoice in six copies 1
c. Sight draft in two copies.
3.4 ​​The technical training fee stipulated in Article 2.1 of this Contract is the amount in lowercase letters, (the amount in uppercase letters). When the training is completed, the Buyer shall pay the Seller within 30 days after receiving the following three documents submitted by the Seller and verifying that they are correct: a. The Seller shall issue two copies of the technical training qualification certificate confirmed by the Buyer b, six copies of the commercial invoice
c, and two copies of the sight draft.
3.5 The technical service fee stipulated in Article 2.1 of this Contract is the amount in lowercase letters, (the amount in uppercase letters). Starting from the date when the Seller's technical service begins, the Buyer shall pay the Seller once a month. The amount of each payment shall be calculated based on the workload of the on-site technical service provided by the Seller and the cost standard of Article 11.4. The Buyer shall pay the Seller within 30 days after receiving the following four documents submitted by the Seller and verifying that they are correct: a. Six copies of the commercial invoice,
b. Two copies of the sight draft#
C, one original work log signed by the general representatives of both parties, d. One time card of the seller's technicians working on site signed by the general representatives of both parties. 3.6 According to the provisions of Articles 9.8 and 9.9 of the contract, if the seller should pay liquidated damages, the buyer has the right to deduct it from any of the above payments. 3.7 All bank charges incurred by the buyer and seller in the performance of this contract shall be borne by the buyer if they are incurred at the buyer's bank, and by the seller if they are incurred outside the buyer's bank.
The Seller shall deliver the equipment in batches of
delivery time
total gross weight
within
months after the contract comes into effect. The batch details are shown in Table 2.
Total volume
Delivery port
Day port
Within
weeks, the seller shall submit to the buyer a pre-delivery plan in six copies, which shall include the name, model, specification, quantity, unit price, total price and total weight of the equipment:
Total volume,
Delivery time,
Delivery port:
Special requirements for storage and transportation of dangerous goods, mode of transportationwwW.bzxz.Net
J. Packaging dimensions and weight of oversized goods (goods with a single piece of goods packaged in dimensions exceeding 12m×2.7m×3m), overweight goods (goods with a single piece of goods with a gross weight exceeding 30 tons). The seller shall provide the buyer with six copies of the sketch of oversized and overweight goods within
weeks after the effectiveness of this contract. If the buyer cannot accept the oversized or overweight requirements, it shall make a decision after receiving the sketch, otherwise, the seller shall deem that the buyer has accepted it. 4.3 Each batch of goods shall be delivered
Contract number:
batch, and the seller shall be notified by telex or fax within
. Both parties shall discuss and resolve the problem immediately. The seller shall submit a formal delivery order in six copies to the buyer, including: equipment name, model, specification, quantity, unit price, total price, gross weight and net weight of equipment and materials:
total volume of equipment and materials,
outer dimensions (length×width×height) and weight of each piece of goods, delivery time,
delivery port,
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