【正文】 Such matters in connection the Contract as are not handled explicitly or implicitly under the Contract shall be applicable to CONTRACT LAW OF THE PEOPLE39。 Any disputes arising from or in connection with the Contract shall be settled through friendly negotiations. If case an agreement cannot be reached, such disputes shall be submitted to China International Economic and Trade Arbitration Commission, South China SubCommission for arbitration in accordance with its arbitration rules in effect when such arbitration is applied for. The arbitration award made such Arbitration Commission shall be final and binding on the Seller and the Buyer. Neither party is allowed to apply the court or other authorities for the change of such award. The arbitration fee shall be borne by the losing party. 19. 附加條款 Article 20 Additional Clauses 設(shè)備清單及招投標(biāo)文件為本合同不可分 割的部分，具有同等法律效力。 11 In case of any late delivery, the Seller should pay the Buyer a penalty for delay equal to % of the total value of such goods as have been delayed on a weekly basis, except for the force majeure. In case the period delayed is less than one (1) week, then one week of delay shall be deemed. The total penalty shall be limited to 5% of the total value of such goods as have been delayed and deducted from preformance bond or amount payable( without performance bond). If the period delayed lasts for ten (10) weeks or above since the time of delivery, then the Buyer may terminate the Contract. In such case, the Seller shall not be relieved from the obligation to pay a penalty. 17. 不能交貨罰款 Article 17 Penalty for Being Unable to Deliver 如賣方不能交貨，賣方必須退回買方代理預(yù)付的貨款及承擔(dān)買方代理已支付的銀行費(fèi)用；另向買方償付貨物總值 30%的違約金（除非是由于不可抗力）。 In case of force majeure incurred during the course of manufacturing or loading on board and shipment, thus causing the Seller to postpone the delivery or not to be able to make a delivery, the Seller shall not be held liable. However, while the accidents mentioned above occur, the Seller should immediately notify the Buyer’s Agent and, within fourteen (14) days, submit the Accident Certificate issued by the petent governmental authority to the Buyer’s Agent by air express service. In such case, the Seller should still take any necessary measures to expedite the delivery. If such accidents are continuing for more than ten (10) weeks, then the Buyer or the Buyer’s Agent may terminate the Contract. 16. 遲交貨罰款 Article 16 Penalty for Late Delivery 如果交貨延遲 ， 除非是由于不可抗力 ， 賣方應(yīng)該就延誤部分的貨物總價(jià)值每周付給買方%的延誤罰款。 The claim mentioned above shall be regarded as having been accepted by the Seller if the Seller fails to give a reply within thirty (30) days upon receipt of such claim. 15. 不可抗力 Article 15 Force Majeure 凡在制造或裝船運(yùn)輸過程中因人力不可抗拒的事故，致使賣方推遲交貨或不能交貨時(shí)，賣方可不負(fù)責(zé)任。 While shipping the goods, the Seller should, according to the requirements of the Buyer’s Agent, submit the relevant documents required for the disposal of customs clearance procedures and, within fortyeight (48) hours upon pletion of the shipment, mail to the Buyer’s Agent by express service. Where the Buyer’s Agent is required by the Government to provide additional related documents during the disposal of customs clearance, the Seller should, within twentyfour (24) hours since the Buyer’s Agent gives a notice, mail to the Buyer’s Agent by express service. If the Seller fails to submit relevant documents required for the customs clearance on time, thus causing a delay in the inspection and customs declaration and that the goods are detained, then any relevant loss incurred thereby shall be borne by the Seller. 貨到目的港后，如 中華人民共和國(guó)質(zhì)量監(jiān)督和檢驗(yàn)檢疫局 (以下簡(jiǎn)稱國(guó)家檢驗(yàn)檢疫局 )需對(duì)貨物進(jìn)行放射性物質(zhì)等專項(xiàng)檢測(cè)，且檢測(cè)結(jié)果超標(biāo)引發(fā)退貨或需滯留待檢，則在此期間所產(chǎn)生的任何相關(guān)費(fèi)用由賣方負(fù)擔(dān)。 Claim 發(fā)貨前，制造廠商應(yīng)對(duì)貨物的質(zhì)量、規(guī)格、性能和數(shù)量 /重量作精密全面的檢驗(yàn)，出具檢驗(yàn)證明書，并說明檢驗(yàn)的技術(shù)數(shù)據(jù)和結(jié)論。 The Seller shall, within twelvemonth warranty since the installation and acceptance, be responsible for any fault or failure due to the defective design, workmanship or material. In addition, the Seller should also be responsible for the repair, replacement or return of the goods and the actual fees arising from such repair, replacement or return If the Seller can not repair or replace the goods, then it shall be deemed that the Seller cannot make a delivery. During the warranty, the Seller should repair the parts free of charge. In case of any failure to the goods, the Buyer should promptly notify the Seller and the Seller must, within five (5) days s