【正文】
ions and quantity/weight of the goods. If damages of the goods are found, or the specifications and/or quantity are not in conformity with the stipulations in this Contract, except when the responsibilities lies with Insurance Company or Shipping Company, the Buyer shall, within _____ days after arrival of the goods at the port of destination, claim against the Seller, or reject the goods according to the inspection certificate issued by CCIB. In case of damage of the goods incurred due to the design or manufacture defects and/or in case the quality and performance are not in conformity with the Contract, the Buyer shall, during the guarantee period, request CCIB to make a survey. 19. 索賠: 19. Claim: 買方憑其委托的檢驗(yàn)機(jī)構(gòu)出具的檢驗(yàn)證明書向賣方提出索賠(包括換貨),由此引起的全部費(fèi)用應(yīng)由賣方負(fù)擔(dān)。 The buyer shall make a claim against the Seller (including replacement of the goods) by the further inspection certificate and all the expenses incurred therefrom shall be borne by the Seller. The claims mentioned above shall be regarded as being accepted if the Seller fail to reply within days after the Seller received the Buyer’s claim. 20. 遲交貨與罰款: 20. Late delivery and Penalty: 除合同第21條不可抗力原因外,如賣方不能按合同規(guī)定的時(shí)間交貨,買方應(yīng)同意在賣方支付罰款的條件下延期交貨。但罰款不得超過遲交貨物總價(jià)的____%。 Should the Seller fail to make delivery on time as stipulated in the Contract, with the exception of Force Majeure causes specified in Clause 21 of this Contract, the Buyer shall agree to postpone the delivery on the condition that the Seller agree to pay a penalty which shall be deducted by the paying bank from the payment under negotiation. The rate of penalty is charged at % for every days, odd days less than _____days should be counted as days. But the penalty, however, shall not exceed _% of the total value of the goods involved in the delayed delivery. In case the Seller fail to make delivery days later than the time of shipment stipulated in the Contract, the Buyer shall have the right to cancel the Contract and the Seller, in spite of the cancellation, shall nevertheless pay the aforesaid penalty to the Buyer without delay. 買方有權(quán)對因此遭受的其它損失向賣方提出索賠。在發(fā)生上述情況時(shí),賣方應(yīng)立即通知買方,并在天內(nèi),給買方特快專遞一份由當(dāng)?shù)孛耖g商會簽發(fā)的事故證明書。如事故延續(xù)天以上,買方有權(quán)撤銷合同。仲裁裁決是終局的,對雙方均有約束力。如果地址有變更,一方應(yīng)在變更后日內(nèi)書面通知另一方。 24. The terms FOB、CFR、CIF in the Contract are based on INCOTERMS 2019 of the International Chamber of Commerce. 25. 附加條款: 25. Additional clause: 本合同上述條款與本附加條款抵觸時(shí),以本附加條款為準(zhǔn)。本合同共 份,自雙方代表簽字(蓋章)之日起生效