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 for
all 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
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