【正文】 rom moisture”， etc.(五)the latest shipping date of party b must be 20days after party a issuing the irrevocable documentary l/c at sight but within the latest shipping date stipulated in the《purchase sheet》.transaction chargesparty b hereof agrees to pay 5% value of the total amount of《purchase sheet》as mission. party a shall issue mercial invoice at same amount to party b.payment(clauses in the l/c)after delivering goods to the carrier according to the time， place， variety and quantity stipulated in the《purchase sheet》，party b may negotiate the l/c from the issuing bank with the following documents， the stated negotiable amount of the l/c is 95% value of sales invoice presented to party a by party b.：(1)party b shall issue the sales invoice of 100% modity value， and indicate the corresponding 《purchase sheet》no. on the upper right corner of the invoice. otherwise the invoice will be nonvalid and returned to party a.(2)party b shall present original inspection report about modity variety and quantity issued by its local _________， and the contents of the report must be in accordance with description of variety and quantity stipulated in the 《purchase sheet》absolutely.(3)contents(time and place， etc)of the original b/l issued by _________ shall be in accordance with contents(time and place， etc)stipulated in the 《purchase sheet》 absolutely. the 《purchase sheet》no. must be indicated in the b/l.(4)weight list or packing list issued by party b (if wooden case is used， certificate of fumigation must be presented to party a)， and certificate of origin.purchase of samples(一)purchase way(1)party b shall supply samples to store in the appointed bonded warehouse according to the 《samples consignment sheet》(the enclosure 6)of this agreement and bear the local charges such as import clearing customs charges， inland freight and incidentals， etc.(for short incidentals ：usd240/batch，and must be paid to the account appointed by party a before sending the goods.)party b shall fax the shipping advice and import documents(invoice， packing list and b/l or airway bill， etc.)to party a after sending the goods every time. party a has the right to refuse to deal with the import clearing customs if not having received the mentioned incidentals after goods arrived. party b shall bear the additional expenses accordingly by himself. party a shall pay corresponding 90% value of the goods after actual selling(according to the import customs declaration issued by beijing customs)or send the goods back according to party b39。39。s indication(party b bears the relevant return charges).(2)party a will send party b the 《replenishment advice》(the enclosure 7)by fax when the samples in stock are less than 50% of confirmed quantity. party b shall send samples to the appointed bonded warehouse according to the 《replenishment advice》 and bear the local charges such as import clearing customs charges， inland freight and incidentals， etc.(3)this sample particularly refers to the consigned modity as same as the sample which is sealed by _________.(二)payment：(1)party b may inquire about the details of sample orders via party a39。39。s web site (2)party a shall fax ultimo sales sheet to party b before the 5th of every month.(3)party a will arrange the payment by t/t to the account appointed by party a according to the total amount of the sheet deduct 10% mission after party b confirming and send party b the mercial invoice which amount is 10% value of the total amount of the sheet by post(party a shall mark the《ncen import sample order》no. in the mercial invoice)breach of contract and penalty(1)shall party b not confirm the receipt of《purchase sheet》by fax to party a according to the stipulation of clause ii 5(2)of this agreement in prescribed timelimit， party b breaks the contract.(2)shall party b fail to deliver according to time， place， variety or quantity stipulated in the《purchase sheet》， then party b breaks the contract. the inspection report issued by _________ shall be the standard of adjudicating if party b fails to deliver according to variety and quantity stipulated in the 《purchase sheet》. the original b/l issued by _________ shall be the standard of adjudicating if party b fails to deliver according to time and place stipulated in the 《purchase sheet》.(3)shall party b deliver after the latest shipping date stipulated in the 《purchase sheet》， it is still regarded as breach of contract. if the chinese buyer under the 《purchase sheet》 does not accept the goods， party b has no right to get any payment and shall deal with the goods by himself. all the related expenses shall be born by party b. if the chinese buyer accepts the goods， party b can proportionally get some payment. the 4% value of the goods in default shall be deducted as penalty still. the proportion and time of the payment are at party a39。39。s option.(4)shall party b have breach of contract actions under the above “” clauses， party a has the right to issue《default advice》 unilaterally to the bank which issue the l/g for transaction deposit payment for party b and deduct 4% value of goods of 《purchase sheet》 form the bank as penalty directly.(5)party b shall pensate party a the losses caused by party b39。39。s failure to deliver according to the 《purchase sheet》. not only the 4% value of goods in default shall be deducted as penalty， but also party a39。39。s losses in business profit shall be pensated by party b.(6)shall the chinese buyer under the 《purchase sheet》refuse to accept the goods or return the goods because of party b39。39。s breach of contract， party a could help party b to take the goods back. party b shall pay party a the freight and other related expenses in advance.1termination of the agreement(1)in the situation of clause iv 5，this agreement will be terminated.(2)party a has the right to terminate this agreement unilaterally and doesn39。39。t bear the liability for breach of contract when party b