英文寄售協(xié)議書實(shí)例

Agreement of Consignment

NO.

Date:

Signed at:

This agreement is entered between　　A　　Co. (hereinafter referred to as the Consignor), having its registered office at________, China, and　　B　　Co. (hereinafter referred to as the Consignee), having its registered office at________, on the following term and conditions:

We'd like to express our desire to establish business relations with you on the basis of equality and mutual benefit. No changes can be made on this agreement without mutual consent. Any modification and alteration to the agreement shall be made with the consent of both parties.

The undersigned Consignor and Consignee have agreed to close the following transaction according to the terms and conditions stipulated below:

The Consignee must try to sell the consignments at the best possible prices after obtaining the approval of the Consignor as to price, term, etc.

1. Total Amount: SAY US DOLLARS________

2. Terms of Payment

A. Time of payment to Consignor

Consignor agrees that Consignee shall require and receive full payment on the sale of the consigned property prior to any obligation of Consignee to remit payment to Consignor for the same. Upon receiving full payment for such sale, Consignee shall remit, in________currency or a check drawn on a________bank, the amount due to Consignor under this Agreement:

For each item sold, no later than 30 days following the date of full payment for each item.

It is agreed that "full payment", as used above, shall be construed to mean and include the day of the clearing of any monetary instrument by Consignee's bank.

B. Amount of payment to Consignor

Consignor and Consignee agree that an amount of________% of the selling price shall be due and payable to Consignor upon the sale of the property subject to this Agreement. Consignee shall provide a monthly written statement listing all sales of such sales, the total amount received and the amount due to Consignee.

3. Packing

4. Time of Shipment

5. Port of Shipment and Destination

6. Insurance

7. In case the Consignors supply the trademark, patent, ect. in relation to intellectual property for production, they shall provide the Consignees with the certificate(s) attesting their legal right of using and shall then be responsible for all disputes arising therefrom.

8. This consignment agreement shall be governed by and construed in accordance with the law of the________.

9. Exception

A. The expenses incurred for performing the consignment agreement will have to be borne by the consignor side.

B. Consignee shall collect the shipping documents including B/L from the Consignor's bank against Trust Receipt duly signed by the Consignee.

C. Consignor shall absorb insurance premium and warehousing charges up to the date of delivery to customers.

D. If any infringement of intellectual property rights, product quality problems and violating the local laws and regulations issues by the consignor.

E. Legal damages and product quality recalled in law issues by the consignor.

F. Consignor should take back all the disqualified goods and compensate Consignee for the value of the goods plus all losses sustained due to return of the cargo, such as freight, storage charges, insurance premium, interest and inspection charges.

G. If Consignor fails to deliver the goods according to the agreed time, Consignor must hold responsible for all the losses caused by the delay in delivery of the goods.

H. Consignee has suffered a loss on the selling price because of the inferior quality of the products Consignor sent Consignees. Consignor is responsible to compensate Consignee for the loss Consignee has suffered. And all expense including inspection fee and losses arising from the return of the goods and claims should be borne by Consignor.

10. Arbitration

Any dispute arising from or in connection with Agreement shall be settled through friendly negotiation. In case no settlement is reached, the dispute shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC), for arbitration in accordance with its rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

11. This Agreement is not assignable and may not be modified other than by a written modification agreed to and signed by both parties.

12. This Agreement is in________copies, effective since being signed/sealed by both parties.

________A________Co. ________B________Co.

Consignor (signature) Consignee (signature)