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【正文】 torage in the Port of Loading.Should the Buyer delay the vessels for loading according to provisions in the delivery schedule or as per subclause below, the Seller is entitled to store the goods in the port warehouse and get a Warehouse Receipt (WR) to use as cashing document instead of BOL. VII. DELIVERY ACCEPTANCE OF GOODSUnder the condition of delivery CIF, the Seller and Buyer is obligated to pay charges, however, risk of loss or damage of the goods and any additional charges arising after the transfer of the goods over the handrail of a vessel in the port of loading shall pass from Seller to the Buyer only if the buyer is providing supplemental insurance.Title for the goods will pass from Seller to the Buyer upon clearance of funds into the Sellers account by means of Clean On Board Blank Endorsed Ocean Bill of Lading marked “Negotiable” and risk if subject to clause The quality and quantity of goods stated in the Bill of Loading, and or WR (where permitted) shall be conclusive evidence of the quality and quantity of goods delivered.No claim(s) against quality or quantity received 30 (thirty) days following receipt of SGS quality or quantity report as appropriate will be taken into consideration or actionable.VIII. PAYMENT TERMS AND CONDITIONSPayment for each consignment in favor of the Seller in the approximate amount of $ xxxxxxx USD American Dollars shall be effected 100% at sight after receipt by the advising bank of all documents required in clause only with a validity of 12+3 months in case of delays.. Type of Bank instrument as payment guarantee: an unconditional, confirmed, irrevocable, documentary, Letter of Credit which shall be issued by the buyers bank defined as Ist National Bank of Anytown directly to the Sellers Bank shown in Appendix 6. Ist National Bank of Anytown shall issue in favor of the Seller 1(one) Letter of Credit, in accordance with the terms provided in Appendix hereto. The operative Letter of Credit will be issued on or before February 18,2005 otherwise a breech thereof will be declared and subject to demand under clause .The Buyer shall TT a refundable deposit to acpany this contract in the amount of $xxxxxxxxx USD, which shall be refunded upon receipt of clear funds on a valid Letter of Credit as per this contract.The next of the Letter of Credit is shown in Appendix hereto. The final text to be provided by the buyers bank shall be subject to approval by the Seller as a condition of the buyers pliance with the present contract.In the event that the Buyer fails to issue the Letter of Credit in pliance with clause , then payment for the full contract value shall be made 100% at sight of demand upon the buyer without protest as a contract breech.The Seller will send documents for each consignment to the Buyer by courier originating from the Sellers offices within 21 (twenty one) banking days from the Bill of Lading Date.For the proper performance of the contract and counter guarantee of the Buyers valid Letter of Credit, Seller shall issue a Bank Performance Bond in the amount of xxxxxx USD American Dollars with a validity of 12+3 months in case of delays. The Performance Bond will be the acting instrument immediately from date of reception of the first payment received from the buyers bank when the Sellers bank will issue a SBLC naming the buyer as the beneficiary in the amount of the performance bond.Should the Buyer delay the vessel for loading of the Goods per delivery schedule or submitted notification date or within 7 (seven) calendar days following the scheduled date, the Seller is entitled to store the goods in the port at the Buyers expense and risk and receive a Warehouse Receipt (WR) that can be used instead of the Bill of Lading.All bank charges related to the issuance of the Letter of Credit are for the Buyers account and all those related to the issuance of the Performance Bond are on the Sellers Account. Bank charges related to the negotiation of either document are for the respective Beneficiary accounts. Any extension of the validity of either document will be borne by the side in fault from their extension. Spelling and typographical errors and differences of such nature between Bank issued and Beneficiary issued documents shall not be deemed discrepancies provided that the intent of the write is clear from the context and in such case only UCP500 regulations shall apply at any time.IX. DOCUMENTS REQUIRED FOR PAYMENTThe Seller shall provide with each consignment a full set (6/6) Clean on Board Ocean Bill of Lading signed by an authorized representative of Network Oceanlines, signed by the Master and showing vessels stamp and showing “CLEAN ON BOARD”, following masters remark are acceptable: Wet before shipment; Loaded from open area; Atmospherically rusty within 21 (twentyone) days from date of paymentCommercial invoice issued by seller: 6 originals and 6 original copies showing Contract Num
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