一般货物进口合同(英文版)

　　Nevertheless, the maximum age of the vessel shall not exceed 20 years at the date of loading. The seller shall bear the average insurance premium for liner vessel older than 20 years. Under no circum -stances shall the Buyer accept vessel over 25 years of age.

　　15.8 For break bulk cargoes, if goods are shipped in containers by the Seller without prior consent of the Buyer, a compensation of a certain amount to be agreed upon by both parties shall be payable to the Buyer by the Seller.

　　15.9 The Seller shall maintain close contact with the carrying vessel and shall notify the Buyer by fastest means of communication about any and all accidents that may occur while the carrying vessel is on route. The Seller shall assume full responsibility and shall compensate the Buyer forall losses incurred for its failure to give timely advice or notification to the Buyer.

　　16 CIF Terms:

　　Under CIF terms, besides Clause 15 C&F Terms of this contract which shall be applied the Seller shall be responsible for covering the cargo with relevant insurance with irrespective percentage.

　　17 Advice of Shipment:

　　Within 48 hours immediately after completion of loading of goods on board the vessel the Seller shall advise the Buyer by cable or telex of the contract number, the name of goods, weight (net/gross) or quantity loaded, invoice value, name of vessel, port of loading, sailing date and expected time of arrival (ETA) at the port of destination. Should the Buyer be unable to arrange insurance in time owing to the Seller's failure to give the above mentioned advice of shipment by cable or telex, the Seller shall be held responsible for any and all damages and/or losses attributable to such failure.

　　18 Shipping Documents

　　18.A The Seller shall present the following documents to the paying bank for negotiation of payment:

　　18.A.1 Full set of clean on board, "freight prepaid" for C&F/CIF Terms or "Freight to collect" for FOB/FAS Terms, Ocean Bills of Lading, made out to order and blank endorsed, notifying ___________at the port of destination.

　　18.A.2 Five copies of signed invoice, indicating contract number, L/C number, name of commodity, full specifications, and shipping mark, signed and issued by the Beneficiary of Letter of Credit.

　　18.A.3 Two copies of packing list and/or weight memo with indication of gross and net weight of each package and/or measurements issued by beneficiary of Letter of Credit.

　　18.A.4 Two copies each of the certificates of quality and quantity or weight issued by the manufacturer and/or a qualified independent surveyor at the loading port and must indicate full specifications of goods conforming to stipulations in Letter of Credit.

　　18.A.5 One duplicate copy of the cable or telex advice of shipment as stipulated in Clause 17 of the Terms of Delivery.

　　18.A.6 A letter attesting that extra copies of abovementioned documents have been dispatched according to the Contract.

　　18.A.7 A letter attesting that the nationality of the carrying vessel has been approved by the Buyer.

　　18.A.8 The relevant insurance policy covering, but not limited to at least 110% of the invoice value against all and war risks if the insurance is covered by the Buyer.

　　18.B Any original document(s) made by rephotographic system, automated or computerized system or carbon copies shall not be acceptable unless they are clearly marked as "ORIGINAL." and certified with signatures in hand writing by authorised officers of the issuing company or corporation.

　　18.C Through Bill of Lading, Stale Bill of Lading, Short Form Bill of Lading, shall not be acceptable.

　　18.D Third Party appointed by the Beneficiary as shipper shall not be acceptable unless such Third Party Bill of Lading is made out to the order of shipper and endorsed to the Beneficiary and blank endorsed by the Beneficiary.

　　18.E Documents issued earlier than the opening date of Letter of Credit shall not be acceptable.

　　18.F In the case of C&F/CIF shipments, Charter Party Bill of Lading shall not be acceptable unless Beneficiary provides one copy each of the Charter Party, Master's of Mate's receipt, shipping order and cargo or stowage plan and/or other documents called for in the Letter of Credit by the Buyer.

　　18.G The seller shall dispatch, in care of the carrying vessel, two copies each of the duplicates of Bill of Lading. Invoice and Packing List to the Buyer's receiving agent, _______________at the port of destination.

　　18.H Immediately after the departure of the carrying vessel, the Seller shall airmail one set of the duplicate documents to the Buyer and three sets of the same to

　　______________________________ Transportation Corporation at the port of destination.

　　18.I The Seller shall assume full responsibility and be liable to the Buyer and shall compensate the Buyer for all losses arising from going astray of and/or the delay in the dispatch of the above mentioned documents.

　　18.J Banking charges outside the People's Republic of China shall be for the Seller's account.

　　19 If the goods under this Contract are to be dispatched by air, all the terms and conditions of this Contract in connection with ocean transportation shall be governed by relevant air terms.

　　20 Instruction leaflets on dangerous cargo: For dangerous and/or poisonous cargo, the Seller must provide instruction leaflets stating the hazardous or poisonous properties, transportation, storage and handling remarks, as well as precautionary and first-air measures and measures against fire. The Seller shall airmail, together with other shipping documents, three copies each of the same to the Buyer and___________________ Transportation Corporation at the port of destination.

　　21 Inspection & claims:

　　In case the quality, quantity or weight of the goods be found not in conformity with those as stipulated in this Contract upon re-inspection by the China Commodity Import and Export inspection Bureau within 60 days after completion of the discharge of the goods at the port of destination or, if goods are shipped in containers, 60 days after the opening of such containers, the Buyer shall have the right to request the Seller to take back the goods or lodge claims against the Seller for compensation for losses upon the strength of the Inspection Certificate issued by the said Bureau, with the exception of those claims for which the insurers or owners of the carrying vessel are liable, all expenses including but not limited to inspection fees, interest, losses arising from the return of the goods or claims shall be borne by the Seller. In such a case, the Buyer may, if so requested, send a sample of the goods in question to the Seller, provided that sampling and sending of such sample is feasible.

　　22 Damages:

　　With the exception of late delivery or non-delivery due to "Force Majeure" causes, if the Seller fails to make delivery of the goods in accordance with the terms and conditions, jointly or severally, of this Contract, the Seller shall be liable to the Buyer and indemnify the Buyer for all losses, damages, including but not limited to, purchase price and/or purchase price differentials, deadfreight, demurrage, and all consequential direct or indirect losses. The Buyer shall nevertheless have the right to cancel in part or in whole of the contract without prejudice to the Buyer's right to claim compensations.

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