at the port of destination within the normal and reasonable period of
time. Any unreasonable aviation or delay is not allowed.
15.4 The age of the carrying vessel chartered by the Seller shall not
exceed 15 years. In case her age exceeds 15 years, the extra average
insurance premium thus incurred shall be borne by the Seller. Vessel over
20 years of age shall in no event be acceptable to the Buyer.
15.5 For cargo lots over 1,000 M/T each, or any other lots less than
1,000 metric tons but identified by the Buyer, the Seller shall, at least
10 days prior to the date of shipment, inform the Buyer by telex or cable
of the following information: the contract number, the name of commodity,
quantity, the name of the carrying vessel, the age, nationality, and
particulars of the carrying vessel, the expected date of loading, the
expected time of arrival at the port of destination, the name, telex and
cable address of the carrier.
15.6 For cargo lots over 1,000 M/T each, or any other lots less than
1,000 metric tons but identified by the Buyer, the Master of the carrying
vessel shall notify the Buyer respectively 7 (seven) days and 24
(twenty-four) hours prior to the arrival of the vessel at the port of
destination, by telex or cable about its ETA (expected time of arrival),
contract number, the name of commodity, and quantity.
15.7 If goods are to be shipped per liner vessel under liner Bill of
Lading, the carrying vessel must be classified as the highest ____________
or equivalent class as per the Institute Classification Clause and shall
be so maintained throughout the duration of the relevant Bill of Lading.
Nevertheless, the maximum age of the vessel shall not exceed 20 years at
the date of loading. The seller shall bear the average insurance premium
for liner vessel older than 20 years. Under no circum -stances shall the
Buyer accept vessel over 25 years of age.
15.8 For break bulk cargoes, if goods are shipped in containers by the
Seller without prior consent of the Buyer, a compensation of a certain
amount to be agreed upon by both parties shall be payable to the Buyer by
the Seller.
15.9 The Seller shall maintain close contact with the carrying vessel
and shall notify the Buyer by fastest means of communication about any and
all accidents that may occur while the carrying vessel is on route. The
Seller shall assume full responsibility and shall compensate the Buyer for
all losses incurred for its failure to give timely advice or notification
to the Buyer.
【章名】 16 CIF Terms:
Under CIF terms, besides Clause 15 C&F Terms of this contract which
shall be applied the Seller shall be responsible for covering the cargo
with relevant insurance with irrespective percentage.
【章名】 17 Advice of Shipment:
Within 48 hours immediately after completion of loading of goods on
board the vessel the Seller shall advise the Buyer by cable or telex of
the contract number, the name of goods, weight (net/gross) or quantity
loaded, invoice value, name of vessel, port of loading, sailing date and
expected time of arrival (ETA) at the port of destination. Should the
Buyer be unable to arrange insurance in time owing to the Seller's failure
to give the above mentioned advice of shipment by cable or telex, the
Seller shall be held responsible for any and all damages and/or losses
attributable to such failure.
【章名】 18 Shipping Documents
18.A The Seller shall present the following documents to the paying
bank for negotiation of payment:
18.A.1 Full set of clean on board, "freight prepaid" for C&F/CIF Terms
or "Freight to collect" for FOB/FAS Terms, Ocean Bills of Lading, made out
to order and blank endorsed, notifying ___________at the port of
destination.
18.A.2 Five copies of signed invoice, indicating contract number, L/C
number, name of commodity, full specifications, and shipping mark, signed
and issued by the Beneficiary of Letter of Credit.
18.A.3 Two copies of packing list and/or weight memo with indication
of gross and net weight of each package and/or measurements issued by
beneficiary of Letter of Credit.
18.A.4 Two copies each of the certificates of quality and quantity or
weight issued by the manufacturer and/or a qualified independent surveyor
at the loading port and must indicate full specifications of goods
conforming to stipulations in Letter of Credit.
18.A.5 One duplicate copy of the cable or telex advice of shipment as
stipulated in Clause 17 of the Terms of Delivery.
18.A.6 A letter attesting that extra copies of abovementioned
documents have been dispatched according to the Contract.
18.A.7 A letter attesting that the nationality of the carrying vessel
has been approved by the Buyer.
18.A.8 The relevant insurance policy covering, but not limited to at
least 110% of the invoice value against all and war risks if the insurance
is covered by the Buyer.
18.B Any original document(s) made by rephotographic system, automated
or computerized system or carbon copies shall not be acceptable unless
they are clearly marked as "ORIGINAL." and certified with signatures in
hand writing by authorised officers of the issuing company or corporation.
18.C Through Bill of Lading, Stale Bill of Lading, Short Form Bill of
Lading, shall not be acceptable.
18.D Third Party appointed by the Beneficiary as shipper shall not be
acceptable unless such Third Party Bill of Lading is made out to the order
of shipper and endorsed to the Beneficiary and blank endorsed by the
Beneficiary.
18.E Documents issued earlier than the opening date of Letter of
Credit shall not be acceptable.
18.F In the case of C&F/CIF shipments, Charter Party Bill of Lading
shall not be acceptable unless Beneficiary provides one copy each of the
Charter Party, Master's of Mate's receipt, shipping order and cargo or
stowage plan and/or other documents called for in the Letter of Credit by
the Buyer.
18.G The seller shall dispatch, in care of the carrying vessel, two
copies each of the duplicates of Bill of Lading. Invoice and Packing List
to the Buyer's receiving agent, _______________at the port of destination.
18.H Immediately after the departure of the carrying vessel, the
Seller shall airmail one set of the duplicate documents to the Buyer and
three sets of the same to ______________________________ Transportation
Corporation at the port of destination.
18.I The Seller shall assume full responsibility and be liable to the
Buyer and shall compensate the Buyer for all losses arising from going
astray of and/or the delay in the dispatch of the above mentioned
documents.
18.J Banking charges outside the People's Republic of China shall be
for the Seller's account.
【章名】 19 If the goods under this Contract are to be dispatched by air, all
the terms and conditions of this Contract in connection with ocean
transportation shall be governed by relevant air terms.
【章名】 20 Instruction leaflets on dangerous cargo:
For dangerous and/or poisonous cargo, the Seller must provide
instruction leaflets stating the hazardous or poisonous properties,
transportation, storage and handling remarks, as well as precautionary and
first-air measures and measures against fire. The Seller shall airmail,
together with other shipping documents, three copies each of the same to
the Buyer and___________________ Transportation Corporation at the port of
destination.
【章名】 21 Inspection & claims:
In case the quality, quantity or weight of the goods be found not in
conformity with those as stipulated in this Contract upon re-inspection by
the China Commodity Import and Export inspection Bureau within 60 days
after completion of the discharge of the goods at the port of destination
or, if goods are shipped in containers, 60 days after the opening of such
containers, the Buyer shall have the right to request the Seller to take
back the goods or lodge claims against the Seller for compensation for
losses upon the strength of the Inspection Certificate issued by the said
Bureau, with the exception of those claims for which the insurers or
owners of the carrying vessel are liable, all expenses including but not
limited to inspection fees, interest, losses arising from the return of
the goods or claims shall be borne by the Seller. In such a case, the
Buyer may, if so requested, send a sample of the goods in question to the
Seller, provided that sampling and sending of such sample is feasible.
【章名】 22 Damages:
With the exception of late delivery or non-delivery due to "Force
Majeure" causes, if the Seller fails to make delivery of the goods in
accordance with the terms and conditions, jointly or severally, of this
Contract, the Seller shall be liable to the Buyer and indemnify the Buyer
for all losses, damages, including but not limited to, purchase price
and/or purchase price differentials, deadfreight, demurrage, and all
consequential direct or indirect losses. The Buyer shall nevertheless have
the right to cancel in part or in whole of the contract without prejudice
to the Buyer's right to claim compensations.
【章名】 23 Force Majeure:
Neither the Seller or the Buyer shall be held responsible for late
delivery or non-delivery owing to generally recognized "Force Majeure"
causes. However in such a case, the Seller shall immediately advise by
cable or telex the Buyer of the accident and airmail to the Buyer within
15 days after the accident, a certificate of the accident issued by the
competent government authority or the chamber of commerce which is located
at the place where the accident occurs as evidence thereof. If the said
"Force Majeure" cause lasts over 60 days, the Buyer shall have the right
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