NEGOTIATION AND IMPLEMENTATION OF THE INTERNATIONAL SALE CONTRACTS’ TERMS OF BURWITZ REFRACTORY COMPANY

STUDENT NAME: TRINH THI LAN ANHDISSERTATION GLOBAL STUDIES AND MARITIME AFFAIRS NEGOTIATION AND IMPLEMENTATION OF THE INTERNATIONAL SALE CONTRACTS’ TERMS OF BURWITZ REFRACTORY COMPANY: P

STUDENT NAME: TRINH THI LAN ANH

DISSERTATION

GLOBAL STUDIES AND MARITIME AFFAIRS

NEGOTIATION AND IMPLEMENTATION OF THE

INTERNATIONAL SALE CONTRACTS’ TERMS OF BURWITZ

REFRACTORY COMPANY:

PROBLEMS AND SUGGESTIONS

HAI PHONG – 2015

STUDENT NAME: TRINH THI LAN ANH

CLASS: GMA 02

DISSERTATION

GLOBAL STUDIES AND MARITIME AFFAIRS

NEGOTIATION AND IMPLEMENTATION OF THE

INTERNATIONAL SALE CONTRACTS’ TERMS OF BURWITZ

REFRACTORY COMPANY:

PROBLEMS AND SUGGESTIONS

Supervisor: Nguyen Viet Hoang Son

HAI PHONG – 2015

been conferred on me.

The contents of this dissertation reflect my own personal views, and are not necessarily endorsed by the University.

Signature

TRINH LAN ANH

Date of completion: 10 th November 2015

TABLE OF CONTENT

List of tables v

Introduction 1

1 Necessity 1

2 Research Object 2

3 Research Scope 6

4 Research Findings 7

Chapter 1: Literature Review 9

1 Theoretical Background 9

2 Drafting contracts process 10

3 The international sale contracts’ terms of Burwitz Refractory Compnany 13

Chapter 2: Brief introduction of the company 19

1 Functions and Structure 19

2 The products and partners of Burwitz Refractory Comapany 23

3 Business results 29

4 Potential problems in the international sale contracts’ terms of Burwitz Refractory Compnay 32

Chapter 3: Recommendation for improvement 36

Conclusion 39

Annex 41

References 63

ABBREVIATION LIST

[1] B/L: Bill of Lading

[6] D/P: Document against payment (payment term)

[7] ICC: International Chamber of Commerce

[8] ISO: International Standard Organization

[9] FOB: Free-on-board (Incoterm)

[10] TT: Telegraphic transfer/ Telex Transfer (payment term)

[11] VND: Vietnam Dong

LIST OF FIGURES

Figure 1: BEROA Deutschland, Gmbh 's International Projects 4Figure 2: Contracts drafting process 7Figure 3: The article of commodity details in Burwitz’s sales contracts 15Figure 4:The value of International sales contracts from January to September 2014 and2015 28Figure 5:The Burwitz Vietnam's total revenue from 2012 to 2015 (billion VND) .29Figure 6:The Burwitz Vietnam's Profit after tax (PAT) from 2012 to 2015 30

Table 2: Linings industry customers’ list 25 Table 3: Other customers 26 Table 4: Business results of Burwitz Refractory Company from 2012 to 2015 31 Table 5: Comparison in terms of workers and salary monthly before and after adding new terms of packing conditions……….…….37

1 Necessity

It is no exaggeration to say that practice always plays an indispensablepattern to plenty of aspects, especially study Without applying theories into reality,the learners cannot mature and get valuable experiences for their field There arethree major justifications for giving students’ practice opportunities by corporationsand companies

To start with, the essential roles of internship are undeniable Firstly, it is nolittle doubt that it is a strong support to develop students’ background knowledge Inour contemporary life, learners have to deal with plenty of information flowswithout applying in practicing As a result, their recognitions are vulnerable andunstable, being easily to forget or misunderstanding Thus, thanks to a number ofvaluable internship, students have a fabulous opportunity to apply their ownknowledge to practice, contributing to the higher - level working skills amonglearners in the near future It is obvious that students in general and teachers inparticular can take advantages of those internships

In the second analysis, because of working in the practical environment,students can build up their own experience It is common knowledge thatcorporations and companies require candidates having two - year experience ormore, guaranteeing that potential worker can work right after recruitment process.Thus, should companies give opportunities to senior students, they will shortage therecruitment and keep the potential professional candidates From students’perspective, it is also a valuable chance to show up their abilities, impressing thefuture recruiters From students and corporations points of view, this is a win-winsituation

Regarding to the justifications for choosing Burwitz Refractory Company(BRC), it is undeniable that the international company like BRC has strong andthorough experience in international business The company involves in plenty ofmultinational businesses in the field of refractory linings’ raw materials Incontemporary period, BRC has variety of prolong and truthful relationships with

numerous of providers such as China, Germany, Japan and so forth On the otherhand, I had an opportunity to do the second internship in BRC with the topic

“International Sale Contracts between Burwitz Refractory Company and ChinesePartners” Therefore, in the third and also the final internship, I aim to conductfurther study in this field and to give feasible suggestions to existed problems

Thus, thanks to this internship at BRC, I have an excellent opportunity tocontinue not only apply theoretical knowledge, especially in international trade butalso develop my study regarding to company’s existed issues Being close toexperienced staffs of BRC via the second internship, I have been received gloriousguilds to catch up with the real circumstance of not only company itself but alsoVietnamese corporations Finally but yet importantly, this environment may indeednurture and improve my knowledge and working skills

In a word, for aforementioned viewpoints, it is no exaggeration to concludethat internships are an important part with both companies and students due to itsbenefits and roles It may indeed be true to say that internships are the bridgeconnecting enterprises and students, creating the close relationship Therefore, it iscommon knowledge that internships is now and will be done annually Moreover, it

is no exaggeration to say that the internship in BRC is a value and gloriousopportunity in my care

2 Research Object

The research has been conducted at the Burwitz Refractory Company, also

known as BRC Vietnam Being a subsidiary of BEROA Deutschland GmbH,

Burwitz Refractory Company has been established in 2004, basing on thetechnology of Burwitz Feurungsbau, GmbH (1949)

 BEROA Deutschland GmbH

For more details, Burwitz Feurungsbau, GmbH is a famous branch name,under the umbrella of one of the most giant corporations in terms of refractorylinings and chimneys - the BEROA Germany Limited Corporation as known asBEROA Deutschland, Gesellschaft mit beschränkter haftung (BEROADeutschland , GmbH) It has been created a massive international network,

TRINH THI LAN ANH – GMA 02 Page 2

representing by 50 companies in over 20 countries Having over 95 years ofexperience, the BEROA Group has a confidence toward their products andcustomers’ strong belief Under BEROA Group umbrella, there are plenty of well-respected brands such as Karrena (Germany, 1914), Burwitz (Germany, 1949),Bierrum (England, 1928), CPT-Themique (France, 1926), YLA Pty Limited(Australia, 1974) and many more[ CITATION BER14 \l 1033 ][ CITATION BER141 \l

1033 ]

Mergers and acquisitions of BEROA Deutschland GmbH not only increasethe revenue of the group but also help this international network run more workable.Developing based on “act-local-think-global” orientation, the corporation is notonly remaining the primitive brand names but also standardize those brand images

by using internationally the BEROA’s logo [ CITATION BER11 \l 1033 ] BEROAGroup serves international customers, doing across - boundary projects There areplenty of BEROA’s successful projects in recent years, including:

 “Blast furnace shaft lined with shotcrete” in Slovakia of Refratechnik Steel(picture A)

 The most modern lignite fired power station in the world “Refractory lining”(2011) of HITACHI (picture B)

 The largest secondary ammonia reformer in the world (2005) of Uhde(picture C)

 The project in 2010 of Andritz Energy & Environment as known as

“Refractory lining of a circulating fluidized bed plant, combustion chamberwith full masonry, thermal capacity 150 MW” at Eisenhüttenstadt CHPplant, Germany (picture D)[ CITATION BER14 \l 1033 ]

(A) (B)

(C) (D)

Figure 1: BEROA Deutschland, Gmbh 's International Projects.

Copyright 2014 by BEROA Deutschland, Gmbh Reprinted with permission

TRINH THI LAN ANH – GMA 02 Page 4

Although owning numerous of brands, the BEROA Group still remain theprimitive brand names, letting them develop in their strong points Thus, it isdefinitely the justification for a range of BEROA Technology Group subsidiarieswith different brand names across the world One of them, which have to bementioned, is the Burwitz Refractory Company – a Burwitz subsidiary in Vietnam.

 Burwitz Refractory Company – BRC Vietnam

The company’s manufacture locates in Kinhmon town, Kinhmon district,Haiduong with their agents being held in LILAMA Buildings at Hanoi andHaiduong In fact, the company primarily provides Vietnamwse market, starting toexplore the African and Middle eastern markets[CITATION Bur \l 1033 ]

Below is some general information of Burwitz Refractory Company

 Hanoi’s agent: floor 18 LILAMA Building, 124 Minh khai, Hai Ba Trung,

Ha noi

 Haiduong’s agent: floor 1 LILAMA Building, 313 Dien Bien Phu, Haiduong

 Factory: Kinh mon town, Kinh mon district, Haiduong city,Haiduong

standard ISO – 2008 in the product’s quality management process, BurwitzVietnam’s products and services embrace the European standard inside domesticmarket In contemporary period, the company’s productivity is 100 tons refractorylinings per day, not only have met the domestic market’s demand but is alsoadequate to fulfill other foreign markets Therefore, it is no little doubt tounderstand the company’s strategy, which is starting to access the African andMiddle Eastern markets [ CITATION Bur15 \l 1033 ].

Interestingly, Burwitz Vietnam is the very first high quality refractory liningsmanufactory in Vietnam, being a key factory to reduce the fixed cost of numerousindustries such as metallurgy, cement, pottery, normal and refractory glass, crudeoil extraction and so forth [ CITATION Vie \l 1033 ] Working with the slogan “ForYou We Go Through Fire !”, Burwitz Vietnam defines that their primary value isalways the customers’ belief [CITATION Bur1 \l 1033 ] At Burwitz Vietnam, thecompany’s aim is to develop to be the Vietnamese first class refractory linings andservices provider Remaining a close relationship with mother – company andimproving products and services’ quality, Burwitz Vietnam try to satisfy thedemands and control the risks in order to providing the best benefit tocustomers[CITATION Bur2 \l 1033 ] Not eliminating the company’s mission inmonetary values, the company never stop renews itself This means making afriendly working environment, improving professional workforce’s skills, andapplying the new technology and quintessence in the next products generations

[ CITATION Bur151 \l 1033 ]

Although the Burwitz Vietnam has started the business for ten years, it canconclude without hesitance that Burwitz Vietnam will get plenty of successes, andrewards in the future due to its products and services quality, and also theirrecognition toward customers

3 Research Scope

Being an extraonary corporation, it is easy to understand there are manyfields and subjects, which needs to be studied carefully and improved in the future.Thus, in this dissertation, the write focuses only on the international commercialcontracts between Burwitz Refractory Company and their partners In those

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contracts, BRC Vietnam always plays the role as the buyers, when they need toimport the massive amount of raw materials to support for their produce activities.

First and foremost, to study the international sales contracts between BurwitzRefractory Company (Burwitz Vietnam) and Chinese providers, we need tounderstand the drafting contracts’ process before analyzing the sales contractsthemselves The relationships between the company and its Chinese partnersdetermine not only the structure of the process of drafting the contracts’ process butalso the tenor of the international contracts Secondly, based on the foundedinformation, the researcher starts to analyze and figure out the potential problems

In a word, the scope of this dissertation focuses on the negotiation andimplementation of the international sale contracts’ terms of Burwitz RefractoryCompany

4 Research Findings

Being witnessed as the first class company in refractory industry, BurwitzRefractory Company is the truthful partner of other cement manufacture companieslike Uong Bi Thermal or Tam Diep Cement Company Being a joint venturebetween BURWITZ Group and LILAMA Corporation, Burwitz Vietnam has boththe European technological manufactured system and experience in the domesticmarket Therefore, the Burwitz Vietnam can feel proud to say that the company isthe market leader in refractory linings industry

Established from 2005, after 10 years, Burwitz Vietnam is a partner of morethan 20 customers with 14 of them belonged to cement manufactured industry Thecompany owns the variety of products and services It includes refractory anchorsand wedges; pottery rolls, refractory bricks, insulating materials and refractorylinings and chimneys services As time goes by, the company is spreading theiractivities besides improving their primarily product quality – refractory linings.Besides, because the company has established in a short period of time, company’sorganization is still simple, having three major levels included top level decided themacro – strategy of company, middle level realized the company’s strategy as anumber of plans and a bottom level completed these planes Although the company

is still new and young, their business results are truly impressed, increasingdramatically through years.

In term of their operation process, it is no little doubt that the company has toinvolve in plenty of international trading business As a result, drafting internationalsales contracts become an indispensable pattern in the development of company’soperation in general and business activities in particular Besides other nations,China outstands as a primary provider of raw materials in terms of quantity andcontract’s value In fact, it accounts for more than 60 percent in terms of value and50% regarding to total number of contracts Analyzing those international salescontracts, it is obvious that they are still existed plenty of limitations, which caninfluence negatively to the not only the benefit but also the development ofcompany There are four major issues, including buying products under CIF term,packing conditions, cultural influence and the dominance of Chinese products

There are numerous of justification for the existence of these limitations.However, finding the feasible solutions and applying in reality may indeed improvethe company’s successful in the future

CHAPTER 1: LITERATURE REVIEW

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1 Theoretical Background

As the main purpose of this research is to overcome the limitation ofinternational contracts between Burwitz Refractory Company and its partners, it isnecessary to understand the key words also the necessity to study this topic Thus, itmay indeed help the readers to get a basic knowledge, and further deepunderstanding about subject

To start with, the term “contract” is the first one which has to been definedclearly In fact, there are many types of contract like commercial contract orworking contract However, in this research, the writer just focuses on and studyonly the purchase contract, especially Burwitz Refractory Company’s contracts Thecontract, first and foremost, is the mere agreement between the seller and the buyer,aim to avoid damage or harm for parties(Fried, 2015; European Union, 2012; TheUnidroit Principles of International Commercial Contracts, 2010; Kline & Quiggin,2014; Wang, Wong, & Wang, 2014; Kolarz, Marszałek, Kozlak, & Zabinska,2012)

First of all, culture is one of the influence factor Culture, which includeslanguage and religion, has impacted on business in many aspects like understanding

of a situation, access to people, reaction between people and so forth Thus,commercial contracts as a part of business have been influenced by culture (Thai,2012; Thai, Globalization of Culture: Business Communication across Culture,2012) As a consequence, although it has its own pros, parties have to face with itscons However, in each circumstance, it is necessary for parties to find the solution

to deal with problems caused by cultural conflicts

In the second analysis, the dominance of supplier may be a threat with thebuyer like Burwitz Refractory Company First and foremost, it increases thesupplier’s power of bargaining with customers(Porter, n.d) Thus, the suppliers caninfluence the activities of company Secondly, there are many example in the pastthat shown the negative impact of overly dependent on the suppliers tomanufactures It can name the case of Nokia Corp of Finland and Telefon AB L.MEricsson of Sweden(Latour, 2001) In fact, the burn of Albuquerque, N.M in just tenminutes had shifted the power balance between two electronic giants

File contracts' document

In fact, there are limited number of researches and books studied about thelink between the change of contract’s condition and company efficiency However,

it can be denied that the good terms can gain a lot of benefit for company It can bewitnessed through the fact that parties’ representatives have to spend a huge amount

of time just for negotiation Therefore, in this research, the writer has studied theBurwitz Refractory Company’s international contracts to find out its limitation.Thus, from that results, the researcher hope to give a suitable solution for eachproblems, leading to the boost in company efficiency

2 Drafting contracts process

Regarding to drafting the contracts, the whole process includes seven majorstages, which are offer of orders, counter-offer of orders, drafting and signingcontracts, performing contracts, adjusting contracts’ term (if necessary), completingcontracts, and filing the contracts’ documentary Based on the relationship betweenBurwitz Vietnam and the partner, due to different suppliers, the process can bemodified as convenient as possible for both parties For more detail, it also meansthat the drafting contracts’ process may ignore some stages thank to the closerelationship of parties Firstly, the research is going to define and study the draftingcontracts’ process Given is the graph below describing the seven stages of draftingcontracts’ process

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Stage 2 Reveive counter- offer

File contracts' document

Negotiation and implementation of the international sale

contracts’ terms of Burwitz Refractory Company: Problems and Suggestions

Figure 2: Contracts drafting process Copyright 2015 by BRC Vietnam Reprinted with permission

 Sending offer

Burwitz Vietnam contacts with the Chinese providers whenever the companyneed the raw materials to manufacture the products Usually, the orders are madevia email between both sides, containing the company’s information such as name

of company, address, contact number, types of raw materials, quantity, arrival time

and so forth Because Chinese providers are acquainted partners, the basicinformation of Chinese partners like address, contact information or representative

does not require checking the truthfulness

In fact, company works is seasonal Thus, the placing orders has been booked inthe April, May, June and July

 Receiving counter - offer

After the orders have been placed, the negotiation process starts Thanks to theclose relationship between both side, the negotiation primarily focuses on the means

of raw materials, quantity and arrival time Other terms and terms are based on theprevious contracts between parties This stage is also done via email

 Drafting and signing contracts

The international sales contracts will be drafted based on the model sample Thecontracts will be modified to meet the requirement of parties as a part ofnegotiation

The Chinese partners have to sign the contracts firstly before faxing to BurwitzVietnam Then, the representative of Burwitz Vietnam, Burwitz Vietnam’s CEO -Mrs Vu Thi Van will sign the contracts

 Performing the contracts

According to contracts’ terms and terms, the Chinese partners take responsibility

to complete the contract Because of their close relationship, the Burwitz Vietnam,

in fact, does not require the Chinese partners to send raw materials’ sample toinspect the materials’ quality

The third party like 3PL companies will take responsibility for the middle activities.Based on the term of payment in sales contracts, the company either endorses adocument promising it will pay within a certain time or has to pay in advance atleast 80% of contract value The company, then, receive the packing list,commercial invoice, arrival notice, bill of lading, and so on to be able to bring rawmaterials to company’s warehouse from destination port

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 Adjusting contracts’ terms and terms

In some cases, the buyer and seller need negotiation to deal with certain changes

in circumstances, occurring after contract has been signed In this situation, theadditions must be a concurrence between both sides, and must be in writing Thismay be the weather condition, pressure from the government and so forth Inaddition, this stage has been done only when has an unexpected event happened.And, in the trading history between Chinese partners and the company, it neverhappen Thus, with Chinese partners, in most case, this stage has been ignored

 Completing contracts

Based on the term of payment in sales contracts, the Burwitz Vietnam has to pay

in an allowed period In some circumstance, the time can be up to 30 days

 Filing contracts’ document

The document related to sales contracts have been filed by AccountingDepartment of Burwitz

In the second analysis, the research will concentrate on the analysis of thestructure of international sales contracts between Burwitz Vietnam and Chineseexporters Overall, it is going to define and study the common points and thedissimilar ones among contracts Moreover, the international sales contracts ofBurwitz Vietnam based on the model sample, including nine articles

3 The international sale contracts’ terms of Burwitz Refractory

 Information of seller and buyer

This part provides the information of importer and exporter, including the name

of companies, their addresses, contact number and the names of representative.Finally yet importantly, this part also indicate the good faith of both sides that theywant to enter this agreement and have no ulterior motives “It is hereby agreed tobetween the Buyer and the Seller, whereby the Buyer agrees to buy and the Selleragrees to sell the below material on the following terms and terms” [ CITATIONBur141 \l 1033 ]

Moreover, the prolonged and close relationships between Burwitz Vietnamand Chinese providers are the most obvious examples for the good faith of bothparties in international sales contracts

 Description of products (commodity, quantity, price)

Being witnessed as the first article in the sales contract, this part shows theinformation related to the trading products This includes the commodity name,quantity and price of the various trading products, mostly are raw materials Notonly has mentioned to the origin of goods, this part also contains the quality ofproducts The percentage of tolerance is also presented in this article Usually, itequals to 0% That information is shown as below:

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Figure 2: The article of commodity details in Burwitz’s sales contracts

Copyright 2015 by BRC Vietnam Reprinted with permission

Importantly, Incoterm used in the sales contract are mentioned here In fact, withsales contracts between Burwitz Vietnam and Chinese partner when the former is abuyer and the latter is a seller, the Incoterm used is CIF HAIPHONG (Port)VIETNAM version 2010

 Packing and marking

This article defines the way goods had been packed and marked By contrast, insome circumstance, packing term is left empty This is due to the case of raw

material For example, with CA50-G9, which is a high strength aluminate cement,

requires storage in dry terms, prevent humidity and does not allow to mix with othervariety of cement, the packing condition of this goods have been mention clearlyand thoroughly in packing and marking article of the sales contract betweenBurwitz and Success Top International Limited on 29July 2014 On the other hand,

with White Fused Alumina, which is raw material, characterizing with high

hardness, high melting point and large crystal size, other sales contract between twoaforementioned companies on 27 July 2014 did not mentioned the packingcondition Briefly, it is obvious that the packing condition in each sales contract isbased on the characteristics of raw material itself

By stark contrast, in every circumstance, the marking condition followsexporting standard marking This includes the name of goods, net weight/ grossweight and the country origin of the product

Furthermore, packing and marking article mention the term of shipment,which is always CIF Haiphong, Incoterm 2010

In short, the Incoterms rules as known as International Commercial Termestablished by International Chamber of Commerce is an international law, usingwidely in international commercial transactions or procurement process The mostimportant feature of Incoterms to both buyers and seller is the clarity with respect tothe cost and obligations

By using CIF Haiphong in buyer’s position, Burwitz Refractory Companytakes the risk from the port of loading and receives products at Haiphong port as theport of discharge or port of destination However, the seller’s responsibility includesfreight and insurance for the voyage.

 Shipment terms

There are five heads in this article, including time of shipment, the place of

shipment, partial shipment, transshipment and vessel For more detail, meanwhile

time of shipment stipulates clearly the arrival date at destination port (Hai phong,Vietnam); place of shipment mentions the place of loading and discharge In mostcase, the port of loading are not defined specifically with the port of discharge beingalways Haiphong port, Vietnam In addition, partial shipment are not allowed, whiletransshipment being vice versa In the vessel head, the contract points out theresponsibility of seller toward shipping agent Because of buying under CIF term,the shipping belongs to seller’s responsibility Thus, the vessel head ensures that thecargoes can arrive at destination within 15 days

 Term of payment

Irrevocable D/P at sign and TT are two most common terms of payment used

in Burwitz Vietnam’s international sales contracts

D/P - “document against payment” or a sign draft transaction means that theexporter can request that the presenting bank release the document only uponpayment of the invoice by the importer In this case, a sign draft is a promise by theimporter that it will pay “at sign” (immediately) In addition, the D/P at sign isirrevocable, which means the payment is incapable of being retracted or revoked

TT – “Telegraphic transfer” or “Telex Transfer” refer to an electronic mean

of transferring funds overseas

US dollar is used to make the payment among parties The payment term iseither Irrevocable D/P at sign (for 80 % to 100% of contract value) or TT 100%(within 5 days since the date started in Arrival Notice) The payment processinvolves intermediary bank, which is Citibank, New York Nonetheless, after thepayment has been done, the presenting bank of seller will release a set of document,

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including Ocean Bill of Lading (B/L), Commercial invoice, Packing List, OriginalCertificate of origin, Original Certificate of quality and quantity, copy of faxadvising particulars of shipment in duplicate Thus, the importer Burwitz Vietnamcan take the products at port Last but not least, the document has to be sent directlyvia express to Burwitz Vietnam’s agent at Haiduong.

 Inspection

Inspection article guarantees the rights of buyer in circumstance that thequantity, or quality of the goods cannot meet the requirement in sales contract.Thus, besides having the right to “involve Institute for Building Materials ofVietnam in inspecting of the Goods quantity and quality in discharging port”, thebuyer, which is Burwitz, have the responsibility to notify the seller in case that

“goods fail to conform with the contract in either quality or quantity”

 Force Majeure (Acts of God)

This part stipulates the rights and responsibilities of both sides when thecommitment is not able to fulfilled because of the event like storm or earthquake,which beyond the control of any of these parties in an agreement According to thesales contracts, either of the side shall inform the other in case that the contract can

be terminated by “force majeure” justifications within 30 days

The force majeure clause of International Chamber of Commerce (ICCpublication No 421) is used in international sales contracts between Burwitz andnot only Chinese collaborates but other providers In addition, this part is exactlythe same in another international sales contracts of Burwitz Vietnam played the role

of Buyer

 Arbitration

Regarding to the actions of both sides in case of having disputes ordisagreement, this part recommends that parties shall settle the problem by meansnegotiations and consultations

It also stipulates the choice of law, choice of court’s location, the choice ofForum, and the language of arbitration Remaining the same in every contract, while

the choice of law being a result of negotiation process among parties, the arbitrationplace is at Hanoi – capital of Vietnam, which is also the capital of Buyer’s country.Nevertheless, the choice of forum is the International Commercial Arbitration Court

at the Chamber of Commerce and Industry of Vietnam

First and foremost, this title remains in every international sales contracts ofBurwitz Vietnam as a Buyer

 Additional condition

Stipulating the application of a variety of additional condition after the contracthas been signed, this clause also contains the language of the international salescontract, a number of copies, and rights of parties to keep those duplicates.Moreover, the terms making the sales contract came into force are also mentioned.Like the previous head, additional condition head remains the same in everyinternational sales contract of Burwitz as a Buyer

CHAPTER 2: BRIEF INTRODUCTION OF THE COMPANY

1 Functions and Structure

1.1 Functions

For more information, BEROA Technology Group in general and BurwitzVietnam in particular work in the refractory linings and chimneys In order toimprove serving quality, it may indeed be true that company divides their productsinto manufacturing high quality goods and providing professional technical –services Although the company just works in this eliminating field, their influencesare uncountable Briefly, Burwitz Vietnam affects both directly and indirectly ondiverse industries In short, the functions of BRC are:

 Doing business in refractory linings industry

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