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2025-05-20 05:04本頁面
  

【正文】 hat it shall remain free from defects attributable to failures in design, workmanship or material for a period of 26 months counting from the date on which the modity arrives at the port of destination or 13 months counting from the date on which the newbuilt ship be delivered to the ship owner whichever es earlier.15. Force Majeure:The Sellers shall not be held responsible for the delay in shipment or nondelivery of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading or transit. “Force Majeure” shall mean any cause beyond the reasonable control of either party, which prevents or impedes the due performance of this Contract and which by due diligence Seller is unable to avoid or overe through its individual effort. Force Majeure shall include but shall not be limited to war, natural disasters, fire, riots, strike, lockout, embargo. The Sellers shall advise the Buyers immediately of the occurrence mentioned above and within 14 days thereafter, the Sellers shall send by airmail to the Buyers for their acceptance a certificate of the incident issued by the Competent Government Authorities or Chamber of Commerce where the incident occurs as evidence thereof. Under such circumstances the Sellers, however, are still under the obligation to take all necessary reasonable measures to hasten the delivery of goods. In case the accident lasts for more than six weeks, the Buyers shall have the right to cancel this Contract.16. Late Delivery:Should the Sellers fail to make delivery on time as stipulated in this Contract, with exception of Force Majeure causes specified in Clause 15 of this Contract, the Buyers shall agree to postpone the delivery on condition that the Sellers agree to pay penalty which shall be deducted by the paying bank from the payment, The penalty, however, shall not exceed 5 % of the total value of the goods involved in the late delivery. The rate of penalty is charged at % for every seven days, less than seven days should be counted as 7 days. In case the Sellers fail to make delivery 10 weeks later than the time of shipment stipulated in this Contract, the Buyers shall have the right to cancel this contract and the Sellers, in spite of cancellation, shall still pay the aforesaid penalty to the Buyers without delay, The remedies provided hereunder constitute the full and final remedies available for delay.17. Arbitration:All disputes in connection with this Contract or the execution thereof shall be settled friendly through negotiation. In case no settlement can be reached, the case shall then be submitted for arbitration according to the Rules of Arbitration by the International Chamber of Commerce by three arbitrators appointed in accordance with said Rules: Proceedings and the award shall be in the English language. The Arbitration shall take place in Zurich, Switzerland and the decision of the Arbitration Committee shall be final and binding
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