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发表于 2017-8-6 09:55:29
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Should the Sellers fail to load the goods,within the time as notified by
the Buyers, on board the vessel booked
by the Buyers after its arrival at the port of shipment, all expenses such
as dead freight, demurrage, etc.,and
consequences thereof shall be borne by the Sellers. Should the vessel be
withdraw or replaced or delayed
eventually or the cargo be shut out,etc.,and the Sellers be not informed in
good time to stop delivery of the
cargo, the calculation of the loss for storage expenses and insurance
premium thus sustained at the loading
port should be based on the loading date notified by the agent to the
Sellers(or based on the date of the arrival
of the cargo at the loading port in case port in case the cargo should
arrive there later than the notified
loading date).The above-mentioned loss to be calculated from the 16th day
after expiry of the free storage time
at the port should be borne by the Buyers with the exception of Force
Majeure. However, the Sellers still
undertaked to load the cargo immediately upon the carrying vessel's arrivel
at the loading port at their own
risks and expenses. The payment of the afore-said expenses shall be
effected against presentation of the original
vouchers after being checked.
2.装船通知：货物装运完毕后，卖方立即以电报通知买方合同号、货名、所装数量或重量、发票金额、船名、起运口岸、开船日期
及目的口岸。由于卖方不给上述装船通知电报而导致买方不能及时保险时，则所发生之一切损失均由卖方负责赔偿。
the Buyers by cable of the contract numver, name of goods, quantity or
weight loaded, invoice value, name of
vessel, port of shipment, sailing date and port of destination.
Should the Buyers be made unable to arrange insurance in time owing to the
Sellers' failure to give the above
mentioned advice of shipment by cable, the Sellers shall be held
responsible for any and alll damage and/or loss
attributable to such failrue.
3.装船单据：
Shipping Documents:
(A)卖方凭下列单据向付款银行议付货款：
(a)填写通知目的口岸中国对外贸易运输公司分公司的空白抬头、空白背书的全套已装船清洁海运提单(如系成本加运费条款则
注明运费已付，如系离岸价条款则注明运费待收)。(b)已签署的发票5份，注明合同号及装船码头。(c)注明尺码的装箱单/或
重量单2份。(d)本交货条款第5条规定的品质检验证明书及数量或重量证明书各1份。(e)本交货条款第2条规定的装船港通知电报
副本1份。
The Sellers shall present the following documents to the paying bank for
negotiation of payment:(a)Full set of
clean on board,"freight prepaid" for C﹠F Terms or "freight to collect" for
FOB Terms, ocean Bills of Lading ,
made out to order and blank endorsed, notifying the Branch of China
National Foreign Trade Transportation
Corporation at the port of destination.(b) Five copies of signed
invoice,indicating contract number and shipping
marks.(c)Two copies of packing list and/or weight memo with indication of
measurement.(d)One copy each of the
certificates of quality and quantity or weight, as stipulated in the Clause
5 of the Terms of Delivery.(e) One duplicate copy of the cable advice of
shipment,as stipulated in the Chause 2 of the Terms of Delivery.
(B)卖方需将提单、发票及装箱单副本各1份随船带交目的口岸买方收货代理人中国对外贸易运输公司分公司。
The Sellers shall despatch,in care of the carrying vessel, one copy each of
the duplicates of Bill of Lading,
Invoice and Packing List to the Buyers receiving agent,the Branch of China
National Foreign Trade Transportation
Corporation at the port of destination.
(C)船启航后立即将1份全套单据副本航空邮寄买方，另2份航空邮寄目的口岸的中国对外贸易运输公司分公司。
Immediately after the departure of the carrying vessel,the Sellers shall
airmal one set of the duplicate documents
to the Buyers and two sets to the Branch of China National Foreign Trade
Transportation Corporation at the
port of destination.
4.危险品说明书：凡属危险品及/或有毒货物，卖方必须提供其危险或有毒性质、运输、仓储及装卸注意事项和急救、防治、
消防方法的说明书，将此项说明书随同装船单据航空邮寄给买方及目的口岸的中国对外贸易运输公司分公司各3份。
Dangerous Cargo Instruction Leaflets:For dangerous and/or poisonous
cargo,the Sellers must provide instruction
leaflets stating the hazardous or poisonous
properties,transportation,storage and handling remarks, as well as
precautionary and first-aid measures and measures against fire. The Sellers
shall airmail, together with other
shipping documents, three copies each of the same to the Buyers and the
Branch of China National Foreign Trade
Transportation Corporation at the port of destination.
5.商品检验：双方同意以制造厂出具之品质及数量或重量检验证明书作为卖方向付款银行议付货款单据之一。但货物的品质及数量
或重量的检验应按下列规定办理：
Inspection: It is mutually agreed that the certificates of quality and
quantity or weight issued by the
Manufacturer shall be part of the documents to be presented to the paying
bank for negotiation of payment.
However,the inspection of quality and quantity or weight shall be made in
accordance with the following:
(A)一般货物：货到目的口岸60天内经中国商品检验局复验，如发现品质或数量或重量与本合同规定不符时，除属于保险公司或
船方负责者外，买方凭中国商品检验局出具的检验证明书向卖方提出退货或索赔。因退货或索赔引起的一切费用(包括检验费)
及损失均由卖方负担。在此情况下，凡货物适于抽样者，如卖方要求，买方可将样品寄交卖方。
For General Cargo: In case the quality,quantity or Weight of the goods be
found not in conformity with those
stipulated in this Contract after re-inspection by the china Commodity
Inspection Bureau within 60 days after
arrival of the goods at the port of destination, the Buyers shall return
the goods to or lodge claims against the
Sellers for compensation of losses upon the strength of Inspection
Certificate issued by the said Bereau,
with the exception of those claims for which the insurers or owners of the
carrying vessel are liable. All
expenses (including inspection fees) and losses arising from the return of
the goods or claims should be borne
by the Sellers. In such case, the Buyers may, if so requested, send a
sample of the goods in quetion to the
Sellers, provided that sampling is feasible.
(B)医药商品：进口的医药商品应受中华人民共和国法律及规章的约束，凡不合格的医药商品不准进口。双方同意本合同所订立此
类商品之品质应以货物到达目的口岸后90后内经中国商品检验局检验并以该局所签发之检验证为最后依据，双方均遵守之。不合
格货物卖方应予收回，并赔偿买方货款及因退货而遭受的运输、储藏、利息、检验等费用损失。如中国商品检验局检验数量或重
量与本合同规定不符时，买方有权在货物运抵目的地口岸60天内凭中国商品检验局的检验证向卖方提出索赔。
For pharmaceutical: Pharmaceutical imported into China are subject to laws
and regulations of the People's Republic of China. Disqualitied pharmaceutical
are prohibited to be imported. It is mutually agreed that for the quality of the
contracted goods in this category, the Inspection Certificate issued by the
China Commodity Inspection Bureau after inspection the goods within 90 days from
the date of arrival at the port of destination shall be taken as final and
binding upon both parties. The Sellers shall take back all the disqualified
goods and compensate the Buyers for the value of the goods plus all losses
sustained due to return of the cargo, such freight, storage charges, insurance
premium, interest, inspection charges, etc.Should the quantity/weight be found
not in conformity with those stipulated in this Contract after inspection by the
China Commodity with those stipulated in this Contract after inspection by the
China Commodity Inspection Bureau, the Buyers shall have the right to claim
against the Sellers for compensation of losses within 60 days after the arrival
of the goods at the port of destination on the basis of the Inspection
Certificate issued by the said bureau
6.人力不可抗拒：由于一般公认的人力不可抗拒原因而不能交货或装船迟延，卖方不负责任。但卖方必须在事故发生时立即电告
买方并在事故发生后15天内航空邮寄给买方灾害发生地点之有关政府机关或商会所发给的证件证实灾害存在。除因不可抗力致装
船迟延或不能交货外，如卖方不能按合同规定期限内装船，则需要赔偿买方直接由于迟期交货或不能按合同条件交货所遭受之一
切损失及费用。人力不可抗拒事故如继续存在60天以上时，买方有权撤销合同或合同中未装运部分。
Force Majerue: The Sellers shallnot be held responsible for late delivery
or non-delivery of the goods owing to generally recognized "Force
Majerue"causes. However,in such case,the Sellers shall immediately cable the
Buyers
the accident and airmail to the Buyers within 15 days after the accident, a
certificate of the accident issued by
the competent government authorities or the chamber of commerce which is
located at the place where the accident
occurs as evidence thereof. With the exception of late delivery or
non-delivery due to "Force Majeure"causes, in
case the Sellers fail to make delivery within the time as stipuated in the
contract,the Sellers should indemnify
the Buyers for all losses and expenses incurred to the latter directly
attributable to late delivery or failure to make delivery of the goods in
accordance with the terms of this contract.If the "Force Majeuer"cause lasts
over
60 days, the Buyers shall have the rigt to cancel the Contract or the
undelivered part of the Contract.
7.仲裁：一切因执行本合同所发生与本合同有关之争执，双方应友好协商解决。如双方协商不能解决时，此争执应提交中国国际贸
易促进委员会对外贸易仲裁委员会， 按照该仲裁委员会仲裁程序暂行规则进行仲裁。仲裁地点在中国北京。仲裁委员会的裁决为
终局裁决，对双方均有约束力，对仲裁费用除非仲裁委员会另有决定外，均由败诉一方负担。
Arbitration: All disputes in connection with this Contract or the execution
there of shall be amicably settled
through negotiation. In case no settlement can be reached between the two
Parties, the case under dispute shall
be submitted to the Trade Arbitration Commission of the China Council for
the Promotion of International Trade for arbitration. The arbitration shall take
place in Beijing,china and shall be executed in accordance with the
Provisional Rules of Procedure of the said Commission and the decision made
by the Arbitration Commission shall
be accepted as final and binding upon both parties. The fees for
arbitration shall be borne by the losing Party
unless otherwise awarded.
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