一般货物进口合同格式

shall automatically prevail over the terms and conditions of this Contract

if such supplementary terms and conditions come in conflict with terms and

conditions herein and shall be binding upon both parties.

    FOR THE SELLER                       FOR THE BUYER

    【章名】  SECTION 2

    【章名】  14 FOB/FAS TERMS

    14.1 The shipping space for the contracted goods shall  be  booked  by

the Buyer or the Buyer's shipping agent __________.

    14.2  Under  FOB  terms,  the  Seller  shall  undertake  to  load  the

contracted goods on board the vessel nominated by the Buyer  on  any  date

notified by the Buyer, within the time of shipment as stipulated in Clause

8 of this Contract.

    14.3 Under FAS terms,  the  Seller  shall  undertake  to  deliver  the

contracted goods under the tackle of the vessel nominated by the Buyer  on

any date notified by the Buyer, within the time of shipment as  stipulated

in Clause 8 of this Contract.

    14.4 10-15 days prior to the date of shipment, the Buyer shall  inform

the Seller by cable or telex of the contract number, name of  vessel,  ETA

of vessel, quantity to be loaded and the name of shipping agent, so as  to

enable the Seller to contact the shipping agent  direct  and  arrange  the

shipment of the goods. The Seller shall advise by cable or telex  in  time

the Buyer of the result thereof. Should, for certain  reasons,  it  become

necessary for the Buyer to replace the named vessel with another  one,  or

should the named vessel arrive at the port of shipment  earlier  or  later

than the date of arrival as previously notified to the Seller,  the  Buyer

or its shipping agent shall advise the Seller to this effect in due  time.

The Seller shall also keep in close contact with the agent or the Buyer.

    14.5 Should the Seller fail to load the goods on board or  to  deliver

the goods under the tackle of the vessel booked by the Buyer.  Within  the

time as notified by the Buyer, after its arrival at the port  of  shipment

the Seller shall be fully liable to the  Buyer  and  responsible  for  all

losses and expenses such as dead freight, demurrage. Consequential  losses

incurred upon and/or suffered by the Buyer.

    14.6 Should the vessel be withdrawn or replaced or delayed  eventually

or the cargo be shut out etc., and the Seller be not informed in good time

to stop delivery of the cargo, the calculation  of  the  loss  in  storage

expenses and insurance premium thus sustained at the loading port shall be

based on the loading date notified by the agent to the Seller (or based on

the date of the arrival of the cargo at the loading port in case the cargo

should  arrive  there  later  than  the  notified   loading   date).   The

abovementioned loss to be calculated from the 16th day after expiry of the

free storage time at the port should  be  borne  by  the  Buyer  with  the

exception of Force Majeure. However, the Seller shall still  undertake  to

load the cargo immediately upon  the  carrying  vessel's  arrival  at  the

loading port at its own risk and expenses. The payment of  the  afore-said

expenses shall be effected against presentation of the  original  vouchers

after the Buyer's verification.

    【章名】  15 C&F Terms

    15.1 The Seller shall ship the goods within the time as stipulated  in

clause 8 of this Contract by a direct vessel  sailing  from  the  port  of

loading to China port. Transhipment on route is not  allowed  without  the

Buyer's prior consent. The goods shall not be carried  by  vessels  flying

flags of countries not acceptable to the Port Authorities of China.

    15.2 The carrying vessel chartered by the Seller  shall  be  seaworthy

and cargoworthy.  The  Seller  shall  be  obliged  to  act  prudently  and

conscientiously when selecting the vessel and the carrier when  chartering

such vessel. The Buyer is justified in not accepting vessels chartered  by

the Seller that are not members of the PICLUB.

    15.3 The carrying vessel chartered by the Seller shall sail and arrive

at the port of destination within the  normal  and  reasonable  period  of

time. Any unreasonable aviation or delay is not allowed.

    15.4 The age of the carrying vessel chartered by the Seller shall  not

exceed 15 years. In case her age  exceeds  15  years,  the  extra  average

insurance premium thus incurred shall be borne by the Seller. Vessel  over

20 years of age shall in no event be acceptable to the Buyer.

    15.5 For cargo lots over 1,000 M/T each, or any other lots  less  than

1,000 metric tons but identified by the Buyer, the Seller shall, at  least

10 days prior to the date of shipment, inform the Buyer by telex or  cable

of the following information: the contract number, the name of  commodity,

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