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14. FORCE MAJEURE:
The Sellers shall not be held responsible for the delay in 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 Sellers shall advise the Buyers immediately of the occurrence mentioned above and within fourteen days thereafter, the Sellers shall send by airmail to the Buyers for their acceptance a certificate of the accident issued by the Competent Government Authorities where the accident occurs as evidence thereof. Under such circumstances the Sellers, however, are still under the obligation to take all necessary measures to hasten the delivery of the goods.
14.不可抗力:對于因生產過程或裝運中可能產生的不可抗力導致遲交貨或不能交貨,賣方不承擔責任。賣方應在發(fā)生上述情況14天內通知買方, 賣方應用航空郵件將有關政府當局部門出具的證明不可抗力產生的文件寄送給買方。盡管如此,賣方仍應盡最大的努力促使發(fā)貨。
15. LATE DELIVERY AND PENALTY:
Should the Sellers fail to make delivery on time as stipulated in the Contract, with exception of Force Majeure causes specified in Clause 15 of this Contract. The Buyers shall agree to postpone the delivery on condition that the Sellers agree to pay a penalty which shall be deducted by the paying bank from the payment. The Penalty, however, shall not exceed 5% of the total value of the goods involved in the late delivery. The rate of penalty is charged at 0.5% for every seven days. Odd days less than seven days should be counted as seven days. In case the Sellers fail to make delivery ten weeks later than the time of shipment stipulated in the Contract, the Buyers shall have the right to cancel the contract and the Sellers, in spite the cancellation, shall still pay the aforesaid penalty to the Buyers without delay.
15遲交貨和罰金:如賣方未能按本合同規(guī)定的時間及時交貨,除本合同第15條列明的不可抗力外,買方同意在賣方付罰金(由付款銀行扣減)的前提下同意延遲交貨。盡管如此,罰金金額不應超過遲交貨部分的5%。罰金按每7天0.5%收取。少于7天按7天計算。萬一賣方不能在合同規(guī)定的裝運時間10周后發(fā)貨,買方有權取消合同,盡管買方取消合同,賣方仍應不遲延地支付買方罰金。
16. TERMINATION OF CONTRACT:
Terminate contract by through negotiation by both sides. Sellers should give back mould that have paid, The transport costs of give back mould, to be covered by buyers.
16終止合同:雙方經協(xié)商終止合同。賣方應歸還已支付費用的模具,歸還模具的運輸費由買方支付。
17. ARBITRATION:
Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both partied. Arbitration fee shall be borne by the losing party.
17.仲裁:任何關于此合同的爭議應提交中國國際經濟貿易仲裁委員會,按照申請仲裁時委員會現行仲裁條例進行仲裁。仲裁是最終的并且對雙方具有約束力。仲裁費用由敗訴方承擔。
18.BANK CHARGES: All bank charges outside China will be on the account of the Buyers.
18.銀行費用:中國以外的所有銀行費用由買方支付。
19.OTHER: This contract signed in three copies, the seller holds one copy and the buyer hold two copies.
19. 其它條款:本合同一式三份,賣方持壹份,買方持兩份。
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