【正文】
er39。s account. 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. 20 Instruction leaflets on dangerous cargo: For dangerous and/or poisonous cargo, the Seller must provideinstruction leaflets stating the hazardous or poisonous properties,transportation, storage and handling remarks, as well as precautionary andfirstair measures and measures against fire. The Seller shall airmail,together with other shipping documents, three copies each of the same tothe Buyer and___________________ Transportation Corporation at the port ofdestination. 21 Inspection amp。 claims: In case the quality, quantity or weight of the goods be found not inconformity with those as stipulated in this Contract upon reinspection bythe China Commodity Import and Export inspection Bureau within 60 daysafter pletion of the discharge of the goods at the port of destinationor, if goods are shipped in containers, 60 days after the opening of suchcontainers, the Buyer shall have the right to request the Seller to takeback the goods or lodge claims against the Seller for pensation forlosses upon the strength of the Inspection Certificate issued by the saidBureau, with the exception of those claims for which the insurers orowners of the carrying vessel are liable, all expenses including but notlimited to inspection fees, interest, losses arising from the return ofthe goods or claims shall be borne by the Seller. In such a case, theBuyer may, if so requested, send a sample of the goods in question to theSeller, provided that sampling and sending of such sample is feasible. 22 Damages: With the exception of late delivery or nondelivery due to ForceMajeure causes, if the Seller fails to make delivery of the goods inaccordance with the terms and conditions, jointly or severally, of thisContract, the Seller shall be liable to the Buyer and indemnify the Buyerfor all losses, damages, including but not limited to, purchase priceand/or purchase price differentials, deadfreight, demurrage, and allconsequential direct or indirect losses. The Buyer shall nevertheless havethe right to cancel in part or in whole of the contract without prejudiceto the Buyer39。s right to claim pensations. 23 Force Majeure: Neither the Seller or the Buyer shall be held responsible for latedelivery or nondelivery owing to generally recognized Force Majeurecauses. However in such a case, the Seller shall immediately advise bycable or telex the Buyer of the accident and airmail to the Buyer within15 days after the accident, a certificate of the accident issued by thepetent government authority or the chamber of merce which is locatedat the place where the accident occurs as evidence thereof. If the saidForce Majeure cause lasts over 60 days, the Buyer shall have the rightto cancel the whole or the undelivered part of the order for the goods asstipulated in Contract. 24 Arbitration: Both parties agree to attempt to resolve all disputes between theparties with respect to the application or interpretation of any termhereof of transaction hereunder, through amicable negotiation. If adispute cannot be resolved in this manner to the satisfaction of theSeller and the Buyer within a reasonable period of time, maximum notexceeding 90 days after the date of the notification of such dispute, thecase under dispute shall be submitted to arbitration if the Buyer shoulddecide not to take the case to court at a place of jurisdiction that theBuyer may deem appropriate. Unless otherwise agreed upon by both parties,such arbitration shall be held in ________, and shall be governed by therules and procedures of arbitration stipulated by the Foreign TradeArbitration Commission of the China Council for the Promotion ofInternational Trade. The decision by such arbitration shall be accepted asfinal and binding upon both parties. The arbitration fees shall be borneby the losing party unless otherwise awarded.35 / 3