6、PAYMENT: THE BUYER SHALL OPEN 100% IRREVOCABLE LETTER OF CREDIT AT SIGHTTHROUGH THE FIRST RANK BANK AND/OR AGREED BY SELLER IN FAVOR OF THE SELLER ON OR BEFORE 2014-06-13.SELLER'S BANK DETAILS: ADVISING BANK: INDUSTRIAL AND COMMERCIAL BANK OF CHINA, ZHEJIANG BRANCHSWIFT CODE: ICBKCNBJZJP NOTE: L/C AVAILABLE WITH ANY BANK BY NEGOTIATION AND PLACE OF EXPIRY IS NEGOTIATION BANK'S COUNTER OR CHINA.7、DOCUMENTS: A)FULL SET (3/3) OF CLEAN ON BOARD BILLS OF LADING MADE OUT TO ORDER OF ISSUING BANK, MARKED FREIGHT PREPAID, NOTIFY APPLICANT. B)COMMERCIAL INVOICE IN 3 ORIGINALS ISSUED BY BENEFICIARY. C)PACKING LIST IN 3 ORIGINALS.D) BENEFICIARY CERTIFICATE CERTIFYING THE FOLLOWING DOCUMENTS HAVE BEEN COURIERED TO THE APPLICANT WITHIN 10 WORKING DAYS AFTER B/L DATE: 1 ORIGINAL MILL TEST CERTIFICATE ISSUED BY THE MANUFACTURER, 1 ORIGINAL AND 1 COPY CERTIFICATE OF ORIGIN FORM E. 8、DOCUMENTS ALLOW: A. THIRD PARTY DOCUMENTS IS ACCEPTABLE. B. PARTIAL SHIPMENT ALLOWED AND TRANSSHIPMENT NOT ALLOWED.C. CHARTER PARTY BILL OF LADING IS ACCEPTABLE.D) TO BE ALLOWED TOLERANCES OF +/-10% PERCENT ON QUANTITY AND AMOUNT FOR PER SIZE AND IN TOTAL.E)L/C DOCUMENTS TO BE PRESENTED FOR NEGOTIATION WITHIN 21 DAYS AFTER SHIPMENT, AVAILABLE WITH ANY BANK BY NEGOTIATION.F) ANY MINOR DISCREPANCIES WHICH WILL NOT AFFECT QUALITY, QUANTITY, PRICE AND VALUE, SHIPMENT TIME SHALL NOT BE CONSIDERED AS DISCREPANCIES.9、ADVICE OF SHIPMENT: SELLER SHALL ADVISE BUYER WITHIN 05 WORKING DAYS BY FAX OF THE CONTRACT NUMBER, NAME OF COMMODITY, GROSS WEIGHT, NET WEIGHT, BL NO, BL DATE, VESSEL, ETA.10、INSURANCE:TO BE COVERED BY THE BUYER, VESSEL AGE 25 YEARS MAX ACCEPTABLE.11、INSPECTION AND CLAIM: THE BUYER SHALL HAVE THE RIGHT TO APPLY SGS AT DISCHARGING PORT FOR INSPECTION AFTER THE GOODS DISCHARGED AT THE PORT OF DESTINATION. SHOULD THE QUALITY AND/OR QUANTITY/WEIGHT BE FOUND NOT IN CONFORMITY WITH THE CONTRACT, THE BUYER SHALL BE ENTITLED TO LODGE CLAIMS AGAINST THE SELLER ON THE BASIS OF SURVEY REPORT OF SGS, EXCEPT FOR CLAIMS FOR WHICH THE SHIPPING COMPANY AND/OR THE INSURANCE COMPANY ARE TO BE HELD RESPONSIBLE. CLAIMS FOR QUALITY AND/OR QUANTITY/WEIGHT DISCREPANCY SHOULD BE LODGED BY THE BUYER WITHIN 30 DAYS AFTER ARRIVAL OF THE GOODS AT THE PORT OF DESTINATION WITH THE SURVEY REPORT OF SGS , OTHERWISE, THE BUYER WILL BE DEEMED TO GIVE UP THE CLAIM FOR ANY COMPENSATION AGAINST THE SELLER, WHILE THE QUALITY AND/OR QUANTITY/WEIGHT OF THE GOODS WILL BE DEEMED QUALIFIED IN CONFORMITY WITH THIS Page 2 of 4CONTRACT GJ14-220CONTRACT. THE SELLER SHOULD REPLY THE CLAIM WITHIN 30 WORKING DAYS AFTER RECEIPT OF THE VALID CLAIM DOCUMENTS AND BEFORE THE CLAIMS HAVE BEEN SETTLED, THE BUYER IS BOUND TO TAKE REASONABLE STEPS TO PRESERVE THE GOODS WITHOUT CHANGING THE ORIGINAL APPARENT ORDER AND CONDITIONS, OTHERWISE, THE BUYER'S CLAIM WOULD NEVER BE CONSIDERED. THE MAX CLAIM AMOUNT SHOULD NOT BE OVER THE INVOICE VALUE, IF ANY. AT THE PORT OF DESTINATION, +/-0.3 PCT FRANCHISE BASED ON BILLS OF LADING WEIGHT ARE ACCEPTABLE. ALL EXPENSES ARISED AT DISCHARGE PORT SHOULD BE BORNE BY THE BUYER’S ACCOUNT. THE CLAIM DOES NOT MEAN THAT THE BUYER IS ENTITLED TO NON-PAYMENT FOR THE GOODS DELIVERED BY THE SELLER OR THE GOODS AGREED FOR DELIVERY ACCORDING TO THE TERMS OF THIS CONTRACT. IF THE MILL IS NOMINATED AND RESTRICTED BY THE BUYER, THEN THE SELLER WILL BE NOT RESPONSIBLE FOR THE QUALITY CLAIM.12、FORCE MAJEURE: IN CASE OF FORCE MAJEURE THE SELLER SHALL NOT BE HELD RESPONSIBLE FOR DELAY IN DELIVERY OR NON-DELIVERY OF THE GOODS BUT SHALL NOTIFY THE BUYER BY TELEX OF FAX IMMEDIATELY. THE SELLER SHALL DELIVER TO THE BUYER BY REGISTERED MAIL, IF SO REQUESTED BY THE BUYER, A CERTIFICATE ISSUED BY THE CHINA COUNCIL FOR THE PROMOTION OF INTERNATIONAL TRADE OR COMPETENT AUTHORITIES CONCERNED. THE FORCE MAJEURE (EXEMPTION) CLAUSE OF THE INTERNATIONAL CHAMBER OF COMMERCE (ICC PUBLICATION NO. 421) IS HEREBY INCORPORATED IN THIS CONTRACT. FORCE MAJEURE SHALL FOR THIS PURPOSE MEAN ANY CIRCUMSTANCES BEYOND THE CONTROL A PARTY INCLUDING BUT NOT LIMITED TO ACTS OF GODS OR THE PUBLIC ENEMY, WAR, REBELLION, CIVIL DISTURBANCE, FIRE, ACCIDENT, SEVERE WEATHER CONDITIONS, SUPPLY SHORTAGES, UNAVAILABILITY OR INTERRUPTIONS
OF TRANSPORT TO THE DELIVERY POINT, EQUIPMENT FAULT, POWER FAILURES,
COMPLIANCE WITH ANY ORDER, ACT OR ANY REGULATION OF ANY GOVERNMENT
OR GOVERNMENT AGENCY OR LOCAL AUTHORITY, NATIONAL OR OFFICIAL STRIKE,
LOCKOUTS OR OTHER TRADE DISPUTES WHICH PREVENT THE PERFORMANCE OF
THE CONTRACT, AND ANY OBLIGATIONS THEREUNDER, WHILE THE EXISTENCE OF
FORCE MAJEURE CONTINUES.
13、ARBITRATION:ALL DISPUTES IN CONNECTION WITH THIS CONTRACT OR THE
EXECUTION THEREOF SHALL BE SETTLED BY FRIENDLY NEGOTIATION BETWEEN TWO
PARTIES. IF NO SETTLEMENT CAN BE REACHED, THE CASE IN DISPUTE SHALL THEN
BE SUBMITTED FOR ARBITRATION TO THE CHINA INTERNATIONAL ECONOMIC AND
TRADE ARBITRATION COMMISSION IN BEIJING IN ACCORDANCE WITH CHINESE LAW
AND ITS ARBITRATION REGULATION. THE ARBITRATION AWARD IS FINAL AND BINDING
UPON PARTIES. THE FEES FOR THE ARBITRATION SHALL BE BORNE BY THE LOSING
PARTY.
14、VALIDITY OF THE CONTRACT: THIS CONTRACT OR ANY COMPLEMENT OR
AMENDMENT OR RESCISSION OF IT, SHOULD BE EFFECTIVE SINCE BEING SIGNED
(ON EACH PAGE) AND SEALED BY BOTH PARTIES. THE CONTRACT IS GOVERNED
BY CHINESE LAW. IN CASE OF ANY DISCREPANCIES BETWEEN THE SCANNED COPY
ATTACHED TO THE E-MAIL PROVIDED ABOVE AND THE ORIGINAL, THE ORIGINAL
SHALL PREVAIL.
THIS CONTRACT SHALL BE PRINTED, AND ANY CHANGE OF TERMS OR CONDITIONS BY
HANDWRITING ON THIS CONTRACT SHOULD BE DEEMED AS EFFECTIVE ONLY AFTER
BEING SIGNED AND SEALED BY BOTH PARTIES ON THE PLACE OF CHANGE.
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