(5) Certificate of Quantity in_______________copies issued by_________；
(6) Insurance policy/certificate in_________copies (Terms of CIF)；
(7) Certificate of Origin in_______________copies issued by_________；
(8) Shipping advice:
15. Terms of Shipment
(1) The Seller shall, 30 days before the shipment date specified in the Contract, advise the Buyer by_________of the Contract No., commodity, quantity, amount, packages, gross weight, measurement, and the date of shipment in order that the Buyer can charter a vessel/book shipping space. In the event of the Sellers failure to effect loading when the vessel arrives duly at the loading port, all expenses including dead freight and/or demurrage charges thus incurred shall be for the Sellers account.
(2) The Seller shall ship the goods duly within the shipping duration from the port of loading to the port of destination. Under CFR terms, the Seller shall advise the Buyer by_________of the Contract No., commodity, invoice value and the date of dispatch two days before the shipment for the Buyer to arrange insurance in time.
16. Shipping Advice
The Seller shall, immediately upon the completion of the loading of the goods, advise the Buyer of the Contract No., names of commodity, loading quantity, invoice values, gross weight, name of vessel and shipment date by__________________within_________hours.
17. Quality Guarantee
The Seller shall guarantee that the commodity must be in conformity with the quantity, specifications and quantity specified in this Contract and Letter of Quality Guarantee. The guarantee period shall be_________months after the arrival of the goods at the port of destination, and during the period the Seller shall be responsible for the damage due to the defects in designing and manufacturing of the manufacturer.
18. Inspection
(1) The Seller shall have the goods inspected by_______________days before the shipment and have the Inspection Certificate issued by.The Buyer may have the goods reinspected by_________after the goods arrival at the destination.
(2) The manufacturers shall, before delivery, make a precise and comprehensive inspection of the goods with regard to its quality, specifications, performance and quantity/weight, and issue inspection certificates certifying the technical data and conclusion of the inspection. After arrival of the goods at the port of destination, the Buyer shall apply to China Commodity Inspection Bureau (hereinafter referred to as CCIB) for a further inspection as to the specifications 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 lie 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. Claim
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 fails to reply within_______________days after the Seller receives the Buyers claim.
20. Late delivery and Penalty
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 agrees 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 fails 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. The buyer shall have the right to lodge a claim against the Seller for the losses sustained if any.
21. Force Majeure
The Seller shall not be responsible for the delay of shipment or non-delivery of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading or transit. The Seller shall advise the Buyer immediately of the occurrence mentioned above and within_________days thereafter the Seller shall send a notice by courier to the Buyer for their acceptance of a certificate of the accident issued by the local chamber of commerce under whose jurisdiction the accident occurs as evidence thereof. Under such circumstances the Seller, however, is still under the obligation to take all necessary measures to hasten the delivery of the goods. In case the accident lasts for more than_________days the Buyer shall have the right to cancel the Contract.
22. Arbitration
Any dispute arising from or in connection with the Contract shall be settled through friendly negotiation. In case no settlement is reached, the dispute shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC), Shenzhen Commission for arbitration in accordance with its rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
