【正文】
tipulated in this Contract and conforms to the data sheets or technical manuals of the modities contract.The guarantee period shall be 12 months counting from the date on which the modity arrives at the port of destination, and counting from the date on which the Acceptance Certificate has been signed by the representatives of both parties if the installation and inspection for acceptance of the modities contracted are required, but no later than 14 months counting from the date on which the modity arrives at the port of destination.12. 索賠CLAIMS:在貨物達(dá)到目的港后90天內(nèi),如發(fā)現(xiàn)貨物規(guī)格或數(shù)量與合同規(guī)定不相符(保險(xiǎn)公司或運(yùn)輸公司造成的除外),買方可依據(jù)中國商檢局的檢驗(yàn)證明提出索賠:更換新貨品,差額補(bǔ)償,或維修,所有費(fèi)用(如檢驗(yàn)費(fèi)、修理費(fèi)、貨物返航或貨物替換費(fèi)用、或修理費(fèi)、保險(xiǎn)、保存、裝載/卸載費(fèi)等)由賣方承擔(dān)。 Exit Inspection and Quarantine Bureau of China.The Certificate so issued shall be accepted as the base of a claim. The Sellers, in accordance with the Buyer’s claim shall be responsible for the immediate elimination of the defect(s), plete or partial replacement of the modity or shall devaluate the modity according to the state of defect(s). Where necessary, the Buyers shall be at liberty to eliminate the defect(s) themselves at the Sellers’ expense. If the Sellers fail to answer the Buyers within one month after receipt of the aforesaid claim, the claim shall be reckoned as having been accepted by the Sellers.13. 不可抗力FORCE MAJEURE:在制造、裝卸或運(yùn)輸過程中由于不可抗力因素導(dǎo)致延遲交貨,賣方不承擔(dān)責(zé)任。仲裁在中國北京進(jìn)行,并由中國國際貿(mào)易促進(jìn)委員會所屬的對外經(jīng)濟(jì)貿(mào)易仲裁委員會按照仲裁機(jī)構(gòu)暫行的規(guī)定進(jìn)行仲裁。17. 附件為此合同不可分割的一部分。任何一方不得向法庭或其他協(xié)會申請修改仲裁結(jié)果,仲裁費(fèi)用由敗訴方承擔(dān)。The Sellers shall not be held responsible for the delay in shipment or nondelivery of the goods due to Force Majeure, such as war, serious fire, flood, typhoon and earthquake, or other events agreed upon between both parties, which might occur during the process of manufacturing or in the course of loading or transit. The Sellers shall advise the Buyers immediately of the occurrence mentioned above and within fourteen days thereafter, the Sellers shall send by airmail to the Buyers for their acceptance a certificate of the accident issued by the Competent Government Authorities where the accident occurs as evidence thereof.Under such circumstances the Se