【正文】
e inspection certificates certifying the technical data and conclusion of the inspection. After arrival of the goods at the port of destination, entryexit inspection and quarantine departments in China by random sampling, the unqualified goods, will be returned to the seller, and the seller shall bear all the responsibility, Random severe unqualified, the goods will be destroyed, and all responsibility shall be borne by the seller. Qualified or unqualified, adopt the entryexit inspection and quarantine departments in China. Sampling unqualified and serious inconformity, the buyer shall have the right to request the seller pensation accordingly. Sampling quality, does not mean that the seller to provide all the product quality. In the quality guarantee period, the buyers shall have the right to entrust inspection agency inspect the goods, Goods unqualified, the buyer has right to claim against the seller by the inspection certificate issued by the quality inspection anization, and all expenses arising from shall be borne by the seller. ( 2)賣方提供的貨物不符合本合同規(guī)定的質(zhì)量要求,買方有權(quán)選擇拒收、要求更換、退貨,并有權(quán)要求賣方賠償因此造成的全部損失。 The provided goods does not conform to the requirements stipulated in the contract, the buyer shall have the right to choose the quality rejection, require replacement or return, and shall have the right to demand pensation for the loss of the whole. 19. 索賠( Claim): 買方憑其委托的檢驗(yàn)機(jī)構(gòu)出具的檢驗(yàn)證明書向賣方提出索賠(包括換貨),由此引起的全部費(fèi)用應(yīng)由賣方負(fù)擔(dān)。若賣方收到上述索賠后______天未予答復(fù),則認(rèn)為賣方已接受買方索賠。 The buyer shall make a claim against the Seller ( including replacement of the goods) by the further inspection certificate and all the expenses incurred therefore shall be borne by the Seller. The claims mentioned above shall be regarded as being accepted if the Seller fail to reply within ______days after the Seller received the Buyer‘ s claim. 20. 遲交 貨與罰款( Late delivery and Penalty): 除合同第 21 條不可抗力原因外,如賣方不能按合同規(guī)定的時(shí)間交貨,買方應(yīng)同意在賣方支付罰款的條件下延期交貨。罰款可由議付銀行在議付貨款時(shí)扣除,罰款率按每__天收__ %,不足__天時(shí)以__天計(jì)算。但罰款不得超過遲交 貨物總價(jià)的 ____ %.如賣方延期交貨超過合同規(guī)定__天時(shí),買方有權(quán)撤銷合同,此時(shí),賣方仍應(yīng)不遲延地按上述規(guī)定向買方支付罰款。 買方有權(quán)對(duì)因此遭受的其它損失向賣方提出索賠。 Should the Seller fail to make delivery on time as stipulated in the Contract, with the exception of Force Majeure causes specified in Clause 21 of this Contract, the Buyer shall agree to postpone the delivery on the condition that the Seller agree to pay a penalty which shall be deducted by the paying bank from the payment under negotiation. The rate of penalty is charged at______% for every ______ days, odd days less than _____days should be counted as ______ days. But the penalty, however, shall not exceed_______% of the total value of the goods involved in the delayed delivery. In case the Seller fail to make delivery ______ days later than the time of shipment stipulated in the Contract, the Buyer shall have the right to cancel the Contract and the Seller, in spite of the cancellation, shall nevertheless pay the aforesaid penalty to the Buyer without delay. The buyer shall have the right to lodge a claim against the Seller for the losses sustained if any. 21. 賣方應(yīng)負(fù)責(zé)辦理貨物的出口清關(guān)手續(xù),并負(fù)責(zé)領(lǐng)取出口許可證和其他官方證件。同時(shí),賣方應(yīng)提供與貨物有關(guān)的其他一切單據(jù),包括但不限于貨物的原產(chǎn)地證明、質(zhì)量證明書 等,并配合買方完成貨物進(jìn)口后的一切海關(guān)報(bào)關(guān)、商檢程序。 The seller shall be responsible for the export goods customs clearance for export license, and official documents and other. At the same time, the seller shall provide relevant and all the other documents, including but not limited to the origin of the goods, the quality certificate, and cooperate with the goods imported of all the customs, modity inspection procedures. 21. 不可抗力( Force Majeure): 凡在制造或裝船運(yùn)輸過程中,因不可抗力致使賣方不能或推遲交貨時(shí),賣方不負(fù)責(zé)任。在發(fā)生上述情況時(shí),賣方應(yīng)立即通知買方,并在__天內(nèi),給買方特快專遞一份由當(dāng)?shù)孛耖g商會(huì)簽發(fā)的 事故證明書。在此情況下,賣方仍有責(zé)任采取一切必要措施加快交貨。如事故延續(xù)__天以上,買方有權(quán)撤銷合同。 The Seller shall not be responsible for the delay of shipment or nondelivery of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading or transit. The Seller shall advise the Buyer immediately of the occurrence mentioned above and within_____ days thereafter the Seller shall send a notice by courier to the Buyer for their acceptance of a certificate of the accident issued by the local chamber of merce under whose jurisdiction the accident occurs as evidence thereof. Under such circumstances the Seller, however, are still under the obligation to take all necessary measures to hasten the delivery of the goods. In case the accident lasts for more than _____ days the Buyer shall have the right to cancel the Contract. 22. 爭(zhēng)議的解決 ( Arbitration): 凡因本合同引起的或與本合同有 關(guān)的任何爭(zhēng)議應(yīng)協(xié)商解決。若協(xié)商不成,應(yīng)提交中國(guó)國(guó)際經(jīng)濟(jì)貿(mào)易仲裁委員會(huì)深圳分會(huì),按照申請(qǐng)時(shí)該會(huì)當(dāng)時(shí)施行的仲裁規(guī)則進(jìn)行仲裁。仲裁裁決是終局的,對(duì)雙方均有約束力。 Any dispute arising from or in connection with the Contract 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),Shenzhen Commission, 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. 23. 通知( Notices): 所有通知用____文寫成,并按照如下地址用傳真 /電子郵件 /快件送達(dá)給各方。如果地址有變更,一方應(yīng)在變更后__日內(nèi)書面通知另一方。 All notice shall be written in _____ and served to both parties by fax/courier according to the following addresses. If any changes of the addresses occur, one party shall inform the other party of the change of address within ____days after the change. FOB 術(shù)語系根據(jù)國(guó)際商會(huì)《 2020 年國(guó)際貿(mào)易術(shù)語解釋通則》。 The terms FOB in the Contract are based on INCOTERMS 2020 of the International Chamber of Commerce. 25. 附加條款 ( Additional clause): 本合同上述條款與本附加條款抵觸時(shí),以本附加條款為準(zhǔn)。 Conflicts between Contract clause here above and this additional clause, if any, it is subject to this additional clause. 26. 本合同用中英文兩種文字寫成,兩種文字具有同等效力。本合同共__份,自雙方代表簽字(蓋章)之日起生效。 This Contract is executed in two counterparts each in