【正文】
urn charges). ?。?)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. ?。?)This sample particularly refers to the consigned modity as same as the sample which is sealed by _________. (二)Payment: ?。?)Party B may inquire about the details of sample orders via Party A39。39。s web site ?。?)Party A shall fax ultimo sales sheet to Party B before the 5th of every month. ?。?)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 ?。?)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》. ?。?)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. ?。?)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 ?。?)In the situation of clause IV 5,this agreement will be terminated. ?。?)Party A has the right to terminate this agreement unilaterally and doesn39。39。t bear the liability for breach of contract when Party B breaks the contract or causes losses to Party A or the Chinese buyer because of Party B39。39。s products quality problem. ?。?)This agreement will be naturally terminated after the expiry date if both parties do not renew it and both parties have fulfilled all the obligation in the 《Purchase Sheet》 which is issued by Party A and efficient after being accepted by Party B before the termination. 1Force MajeurParty B shall present Party A the certificate issued by its local relevant institution if Party B can not perform according to the 《Purchase Sheet》 due to Force Majeure events such as natural disaster, war and strike, etc. The 《Purchase Sheet》 could be extended to fulfill after both parties negotiating about it.Party A shall not deduct 4% value of goods in default from the deposit as penalty. 1DisputesAll disputes in connection with this agreement or the execution thereof shall be settled friendly through negotiation. In case no settlement can be reached between the parties, the case under disputes could be submitted to the China International Economic and Trade Arbitration Commission for arbitration in accordance with the substantive law of the People39。39。s Republic of China in Beijing. 1ValidityThis contract will e into effect after it is signed by two parties and be valid for one year. English version is translated from Chinese version for information only. Shall any discrepancy arise, the Chinese version prevails.Party A(Signature):_________ Party B(Signature):_________