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发表于 2011-10-19 16:06:00
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(14) TECHNICAL DOCUMENTS:
a. One complete set of the lollowing technical documents written in English shall be packed and depatchde to-gether with each consignment:
1. Foundation drawings
2. Wiring instructions,diagrams of electrical connections and/of pneumatic and/or hydraulic connections
3. Manufacturing drawings of easily worn parts
4.spare parts catalogues
5.Certificate of quality as stipulated in Item a of Clause 18 hereof
6.Erection,operation, service and repair instruction books
b. months before shipment ,the Sellers shall air-mail to the Buyers two complete sets of the technical documents mentioned in points 1,2,3,4,5and 6 under items of this Clause.
(15) TERMS OF SHIPMENT：
a. For each shipment exceeding two metric tons in gross weight, the Sellers shall, 60 days before the date of shipment stipulated in Clause 8 hereof, advise the buyers by cable/letter of the contract number name of commodity, quantity, value, number of packages, gross weight and measurements and date of readiness at the port of shipment in order for the buyers to book shipping space. For each shipment not over two metric tons in gross weight, the Sellers shall get in direct touch with the buyers shipping agent at the loading port.
b. Booking of shipping space for each shipment exceeding two metric tons in gross weight will be attended to by the buyers shipping agent, China National Chartering Corporation, Beijing, China (Cable Address: ZHONGZU BEIJNG) with whom the Buyers shall keep in close contact in the matter of shipment. The Sellers shall keep in close contact with ZHONGZU’S shipping agent at the loading port.
c. China National Chartering Corporation, Beijing, China, or their shipping agent at the loading port, will send the Sellers, 10 days before the estimated date of arrival of the carrying vessel at the port of shipment a preliminary notice indicating the name of vessel, estimated date of loading, contract number in order for the Sellers to arrange shipment. In case the carrying vessel previously designated is to be replaced by another vessel or in case the estimated date of arrival of the carrying vessel is to be advanced or postponed, the Buyers or their shipping agent shall advise the Sellers to that effect in time. Should the vessel fail to arrive at the port of loading within 30 days after the arrival date advised by the buyers or their shipping agent, the buyers shall bear the storage and fire insurance expenses incurred from the 31st day.
d. The sellers shall be liable for any dead freight or demurrage consequent upon their failure to have the goods ready for loading after the carrying vessel has arrived at the port of loading in time.
e. The Sellers shall bear all expenses and risks and risks involved in the handling of the goods before they pass over the vessel’s rail and are released from the tackle, whereas all expenses involved in the loading of the goods after they have passed over the vessel’s rail and have been released from the vessel’s tackle shall be for the Buyers’ account.
(16) SHIPPING ADVICE:
Immediately the goods are completely loaded,the Sellers Shall cable to notify the Buyers OF the contract number ,name of commodity,quantity,gross weight,invoiced name of the carrying vessel and the date of sailing.If any package is above 9 metric tons in weight,of over 3400mmin width,of over 2350mm on both sides in height,the Sell-ers shall advise the Buyers of the weight and measurements of such package.in case the goods are not insured in time oving to the Sellers having failed to give timely advice,any and all consequent losses shall be borne by the Sellers. In the case of dangerous goods ,the Sellers SHALL cable TO noti-fy the Buyers and the China National Foreign Transporta-tion Corporation at the port of destination of their nature and the method of handling then.
(17) CUARANTEE OF QUALITY：
The Sellers shall guarantee that the goods are made of best materials,with first class workmanship,brand now,unused and correspond in all respects with the quality,specifica-tions and perflrmance as stipulated in this Contract.The sellers shallalso guarantee that the goods when correctly mounted and properly operated and maintained,will give satisfactory performance for a period of 12months starting from the date on which the goods arrive at the port of des-tination.
(18) INSPECTION AND CLAIMS：
a. The manufacturers shall before making delivery,make a precise and comprehensive inspection of the goods as regards their quality ,specifications ,performance and quantity/weight,and issue certificates certifying that the godds are in conformity with the stipulations of this Contract.The certificates shall from an integral part of the documents to be presented to the paying bank for negotiation/collection of payment but shall not be considered as final in respect of quality,specifications,performance and quatity/weight.Particulars and results of the test carried ou by the manufacturers must be shown in a statement to be attached to the said Quality Certificate.
b. After arrival of the goods at the port of destination,the Buyers shall apply to the China Commodity inspection Bureau(hereinafter called the Bureau)for a preliminary inspection of the goods in respect of their quality,specifications and quantity/weight.If any discrepancies are found by the Bureau regarding the specifications or the quantity/weight or both,except those for which either the insurance company or the shipping company is responsible,the Buyers shall,within 120 days after discharge of the goods at the port of destination,have the right either to reject the goods or to claim against the Sellers on the strength of the inspection certificae issued by the Buren.
c. Within the guarantee period stipulated in Clause 17 here-of should the quality and /or the specifications of the goods be found not in conformity with the contracted stipulations ,or should the goods prove defective for any reasons,including latent defect of the use of unsuitable naterials,the Buyers shall arrange for an inspection to be carried out by the Bureau and have the right to claim against the Sellers on the strength of the inspection cer-tificate issued by the Bureau.
国浩律师集团事务所 海事海商律师 手机：13802013751
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