【正文】 for which no provision are made in this contract are made in the Performance Bond are made against invoice issued by the damaged side and by bank transfer within maximum 10(ten) banking days as form the submitted invoice date.XIII. BUYER LIABILITYFailure to delivery full quantity within extended period will entail penalties at the rate of % (point three percent) pro rata temporize of the value of the undelivered goods. The total value of the penalties cannot exceed 5% (five percent) of the value of the undelivered goods at which time full breech if declared automatically. The Force Majeure event does not exonerate the Buyer from paying for the goods already delivered under documents in section 9 Bill of Lading. XII. SELLER LIABILITY The performance of either parties obligations will be in such case postponed with the period of the existence of the Force Majeure event plus a reasonable period to remobilizing production and shipping. No penalty shall be payable for the duration of this delay. Force majeure is understood as per provisions under ICC500 and means any event such as five, explosions, hurricanes, floods, earthquakes and similar natural calamities, wars, epidemics, military operations, terrorism, riots, revolts, strikes, industrial unrest, government embargoes, or other unforeseeable actions occurring after the conclusion of this contract and outside the sides reasonable control and which cannot be avoided by the reasonable diligence that could delay or prevent the performance of either sides obligations in this contract. All of the documents including the B/L, invoice, parking list, original certificate and so on has been faxed to the buyer within 7 days after B/L date.XI. FORCE MAJEURE Original certificate of origin issued by Chamber of Commerce and Industry of the country of export: 3 originals and 3original copies. Quality certificate issued by SGS in triplicate: showing the quality and all required by chemical structure as shown in Appendix hereto of the goods according to the present content: 3 originals and 3 original copies or if AQSIQ/CIQ/CCIC is required by the Buyers then Seller shall arrange all Quality inspections at Sellers expense from AQSIQ/CIQ/CCIC excluding the port of unloading.The Seller shall provide with each consignment a full set (6/6) Clean on Board Ocean Bill of Lading signed by an authorized representative of Network Oceanlines, signed by the Master and showing vessels stamp and showing “CLEAN ON BOARD”, following masters remark are acceptable: Wet before shipment； Loaded from open area； Atmospherically rusty within 21 (twentyone) days from date of payment Any extension of the validity of either document will be borne by the side in fault from their extension.Should the Buyer delay the vessel for loading of the Goods per delivery schedule or submitted notification date or within 7 (seven) calendar days following the scheduled date, the Seller is entitled to store the goods in the port at the Buyers expense and risk and receive a Warehouse Receipt (WR) that can be used instead of the Bill of Lading.For the proper performance of the contract and counter guarantee of the Buyers valid Letter of Credit, Seller shall issue a Bank Performance Bond in the amount of xxxxxx USD American Dollars with a validity of 12+3 months in case of delays. The Performance Bond will be the acting instrument immediately from date of reception of the first payment received from the buyers bank when the Sellers bank will issue a SBLC naming the buyer as the beneficiary in the amount of the performance bond.In the event that the Buyer fails to issue the Letter of Credit in pliance with clause , then payment for the full contract value shall be made 100% at sight of demand upon the buyer without protest as a contract breech.The Buyer shall TT a refundable deposit to acpany this contract in the amount of $xxxxxxxxx USD, which shall be refunded upon receipt of clear funds on a valid Letter of Credit as per this contract.Payment for each consignment in favor of the Seller in the approximate amount of $ xxxxxxx USD American Dollars shall be effected 100% at sight after receipt by the advising bank of all documents required in clause only with a validity of 12+3 months in case of delays.. The quality and quantity of goods stated in the Bill of Loading, and or WR (where permitted) shall be conclusive evidence of the quality and quantity of goods delivered.Under the condition of delivery CIF, the Seller and Buyer is obligated to pay charges, however, risk of loss or damage of the goods and any additional charges arising after the transfer of the goods over the handrail of a vessel in the port of loading shall pass from Seller to the Buyer only if the buyer is providing supplemental insurance.The Parties may agree upon the extension of the delivery period. On this event, the Party responsible for the delays (Seller in delivery or Buyer in unloading