丁.卖方收到买方索赔通知后,如果在三十天内不答复,应视为卖方同意买方提出的一切索赔。
d. Any and all claims shall be regarded as accepted if the Sellers fail to reply within 30 days after receipt of the Buyers’claim.
(19)索赔解决方法:SETTLEMENT OF CLAIMS: 如货物不符合本合同规定应由卖方者。同时买方按照本合同第17条和第18条的规定在索赔期限或质量保证期限内提出索赔,卖方在取得买方同意后,应按下列方式理赔。 In case the Sellers are liable for the discrepancies and a claim is made by the Buyers within the period of claim or quality guaran-tee period as stipulated in Clauses 17 and 18 of thisContract.the Sellers shall settle the claim upon the agreement of the Buyers in the following ways:
甲、同意买方退货,并将通货金额以成交原币偿还买方,并负担因退货而发生的一切直接损失和费用,包括利息,银行费用,运费,保险费,商检费,仓租,码头装卸费以及为保管退货而发生的一切其它必要费用。
a.Agree to the rejection of the goods and refund to the Buy-ers the value of the goods so rejected in the same currency as contracted herein,and to bear all direct losses and expenses in connection there with including interest accrued ,banking charges,freight ,insurance premium,inapection charges,storage,stevedore charges and all other necessary expenses required for he custody and protection of the rejected goods.
乙、按照货物的疵劣程度,损坏的范围和买方所遭受的损失,将货物贬值。
b.Devaluate the goods according to the degree of inferiority,extent of damage and amount of losses sustained by the Buyers.
丁、调换有瑕疵的货物,换货必须全新并符合本合同规定的规格、质量和性能。卖方并负担
因此而发生的一切费用和买方遭受的一切直接损失。对换货的质量,卖方仍应按本合同第17条的决定,保证十二个月。
c.Replace the defective goods with new ones which conform to the specifications ,quality and performance as stipulated in this Contract ,and bear all expenses incurred to and direct losses sustained by the Buyers.The Sellers shall ,at the same time,guarantee the quality of the replacement goods for a further period of 12 months as specified in Clause 17 of this Contract.
(20)人力不可抗拒事故:FORCE MAJEURE:
由于人力不可抗拒事故,而卖方交货迟延或不能交货时,责任不在卖方。但卖方应立即将事故通知买方,并于事故发生后十四天内将事故发生地政府主管机关出给的事故证明书用空邮寄交买方为证,并取得买方认可。在上述情况下,卖方仍负有采取一切必要措施从速交货的责任。如果事故持续超过十个星期,买方有权撤销本合同
The Sellers shall not be held responsible for any delay in delivery or nondelivery of the goods due to Force Majeure.However,the Sellers shall advise the Buyers immediately of such occurrence and within fourteen days thereafter, shall send by airmail to the Buyers for their acceptance a certifi-cate issued by the competent government authorities of the place where the accident occurs as evidence there of . Unden such circumstances the Seellers,however,are still under the obligation to take all necessary measures to hasten the de-livery of the goods.In case the accident lasts for more than ten weeks,the Buyers shall have the right to cancel this contract.
(21) 迟交和罚款:LATE DELIVERY AND PENALTY: 如延迟货除人力不可抗拒事故者外,卖方应会给买方每一星期按迟交货物总值的0。5%的迟交罚款,不足一星期的迟交日数作为一星期计算,此项罚款总额不超过全部迟交货物总
值的5%,在议付货款时由银行代为扣除,或由买方在付款时进行扣除。
如迟延交货超过原定期限十星期时,买方有权终止本合同。 但卖方仍应向买方缴付以上规定之罚款,不得推诿或迟延。
In case of delayed delivery,except for force majeure cases,the Sellers shall pay to the Buyers for every week of delay a penalty mounting to 0.5% of the total value of the goods whose delivery has been delayed.Aay fractional part of a week is to be considered a full week.The total amount of penalty shall not,however,exceed5% of the total value of the goods involved in late delivery and is to be deducted from the remount due to the Sellers by the paying bank at the time of negotiation,or by the Buyers direct at the time of payment.
In case the period of delay exceeds 10 weels after the stipu-lated delivery date the Buyers have the right to terminate this contract but the Sellers shall not thereby be exempted from the payment of penalty.
(22) 仲裁ARBITRATION:
凡有关本合同或执行本合同而发生的一切争执,应通过友好协商解决。如不能解决,则应提交中国国际经济贸易仲裁委员会按照该会的仲裁规则在北京进行仲裁。该仲裁委员会作出的裁决是最终的,买卖双方均应受其拘束,任何一方不得向法院或其它机关申请变更。仲裁费用由败诉一方承担。
All disputes in connection with this Contrace or the execu-tion there of shall be settled throngh friendly negotiations.In case no settlement can be reached through negotiations,the case should then be submitted for arbitration to China International Economic and Trade Arbitration Commis-sion, Beijing,in accordance with its arbitration rules.The arbitration so all take place in Benjing and binding up-on both parties; neither party shall seek recourse to a law court or other authorities for revising the decision.The ar-bitration fee shall be borne by the losing part.
(23)附注:REMARLS:
本合同一式两份,买卖双方各执一份为证。
This Contract is made out in two original copies,one copy to be held by each party in witness thereof
出卖人 买受人 The Sellers: The Buyers: