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国际货物买卖合同参考格式
作者:深圳教育在线 来源:www.szedu.net 更新日期:2010-3-12

  15.1. On the FOB basis, the Buyer shall book shipping space in accordance with the date of shipment stipulated in the Contract. The seller shall days before the date of shipment stipulated in the Contract advise the Buyer by Telex/Fax of the Contract number, the name of commodity, quantity, total amount, package numbers, total weight, and volume and the date from which goods is ready for loading at the port of shipment. The buyer shall days before the date of shipment stipulated in the Contract, notify the Seller of name of the vessel, the estimated date of loading and the Contract number for the Seller to effect shipment. In case the carrying vessel of the date of arrival has to be changed, the Buyer or its shipping agent shall advise the Seller in time. Should the vessel fail to arrive at the port of shipment within days after the arrival date advised by the Buyer, the Buyer shall bear the storage expense calculated from the days thereafter.

  15.2 On the FOB, CFR and CIF basis, The Seller shall, immediately upon the completion of the loading of the goods, give a shipping notice to the Buyer by Telex/Fax. The notice includes the Contract number, name of goods, quantity, gross weigh, measurement, invoiced value, bill of lading number, sailing date. The IMCO number of the inflammable and dangerous goods, if any shall also be indicated.

  15.3.Partial shipment and the transhipment are/are not allowed.

  15.4. With % more or less both in amount and quantity allowed at the Seller's option.

  ⒃QUALITY/QUANTITY DISCREPANCY AND CLAIM:

  In case the quality and/or quantity/ weight of the goods found by the Buyer are not in conformity with the Contract after arrival of the goods at the port of destination, the Buyer may lodge claim with the Seller supported by survey report issued by an inspection organization agreed by both parties, with the exception, however, of those claims for which the insurance company and/of the shipping company are to be held responsible. Claim for quality and discrepancy should be filed by the Buyer within 30 days after arrival of the goods at the port of destination, while for quantity/weight discrepancy claim should be filed by the Buyer within 15 days after arrival of the goods at the port of destination. The Seller shall reply toe the Buyer no later than 30 days after receipt of the claim requirement.

  ⒄FORCE MAJEURE:

  The Seller shall not be held responsible for failure or delay to perform all or any part of the Contract due to flood, fire, earthquake, drought, war, or any other events which could not be predicted at the time of the conclusion of the Contract, and could not be controlled, avoided or overcome by the Seller. However, the Seller shall inform the other party of its occurrence in written as soon as possible and thereafter send a certificate of the Event issued by the relevant authority to the othr party but no later than 15 days after its occurrence.

  If the Force Majeure Event last over 120 days, both parties shall negotiate the performance or the termination of the Contract.

  ⒅ARBITRATION

  All disputes arising from the Contract, should be settled through friendly negotiations. Should no settlement be reached through negotiation, the case shall then be submitted for arbitration to the China International Economic and Trade Arbitration Commission(Beijing) and arbitration rules of this Commission shall be applied. The award of the arbitration shall be final and binding upon both parties. The arbitration fee shall be borne by the losing party unless otherwise awarded by the arbitration organization. During the course of the arbitration, the Contract shall be performed except for the part under arbitration.

  ⒆SPECIAL PROVISIONS:

  IN WITNESS THEREOF. THIS Contract shall come into effect immediately after it is signed by both parties in two original copes each party holds one copy.

  THE SELLER: THE BUYER:

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