Sales Contract
1. discrepancy:in case of quality discrepancy, claim should be lodged by the buyers within 30 days after the arrival of the goods at the port of destination,while for quantity discrepancy, claim should be lodged by the buyers within 15 days after the arrival of the goods at the port of destination. in all cases, claims must be accompanied by survey reports of recognized public surveyors agreed to by the sellers. should the responsibility of the subject under claim be found to rest on the part of the sellers, the sellers shall, within 20 days after receipt of the claim, send their reply to the buyers together with suggestion for settlement.
2. 信用證內應明確規定賣方有權可多裝或少裝所注明的百分數,并按實際裝運數量議付。(信用證之金額按本售貨合約金額增加相應的百分數。)
2. the covering letter of credit shall stipulate the sellers’s option of shipping the indicated percentage more or less than the quantity hereby contracted and be negotiated for the amount covering the value of quantity actually shipped.(the buyers are requested to establish the l/c in amount with the indicated percentage over the total value of the order as per this sales contract.)
3. 信用證內容須嚴格符合本售貨合約的規定,否則修改信用證的費用由買方負擔,賣方并不負因修改信用證而延誤裝運的責任,并保留因此而發生的一切損失的索賠權。
3. the contents of the covering letter of credit shall be in strict conformity with the stipulations of the sales contract. in case of any variation there of necessitating amendment of the l/c, the buyers shall bear the expenses for effecting the amendment. the sellers shall not be held responsible for possible delay of shipment resulting from awaiting the amendment of the l/c and reserve the right to claim from the buyers for the losses resulting therefrom.
4. 除經約定保險歸買方投保者外,由賣方向中國的保險公司投保。如買方需增加保險額及/或需加保其他險,可于裝船前提出,經賣方同意后代為投保,其費用由買方負擔。
4. except in cases where the insurance is covered by the buyers as arranged, insurance is to be covered by the sellers with a chinese insurance company. if insurance for additional amount and /or for other insurance terms is required by the buyers, prior notice to this effect must reach the sellers before shipment and is subject to the sellers’ agreement, and the extra insurance premium shall be for the buyers’ account.
5. 因人力不可抗拒事故使賣方不能在本售貨合約規定期限內交貨或不能交貨,賣方不負責任,但是賣方必須立即以電報通知買方。如果買方提出要求,賣方應以掛號函向買方提供由中國國際貿易促進委員會或有關機構出具的證明,證明事故的存在。買方不能領到進口許可證,不能被認為系屬人力不可抗拒范圍。