国际通用燃料油进口贸易规定合同英文版已经成交

1、实用文案ALUMINIUM+SILICON, MG/KG80ISO 10478/IP 501/470/377/95(03)jTOTAL SEDIMENT POTENTIAL0.10ISO 10307-2/IP390(B)/D473I ZINC MG/KG15IP501/470/377IPHOSPHORUS, MG/KG15IP501/500/377CALCIUM MG/KG30IP501/470/377jA FUEL SHALL BE CONSIDEREDTO BE FREE OF ULO IF ONE OR MOREOF THE ELEMENTSZINC, PHOSPHORUS AND CA

2、LCIUM ARE BELOW OR AT THE SPECIFIED LIMITS. ALL THREE ELEMENTS SHALL EXCEED THE SAME LIMITS BEFORE A FUEL SHALL BE DEEMED TO CONTAIN ULO.THE SELLER S OBLIGATIONS WITH REGARDTO THE QUALITY OF THE PRODUCTSUPPLIED ARE LIMITED SOLELY TO SUPPLYING PRODUCTWHICH CORRESPONDWITH THE DESCRIPTION AND ANY SPECI

3、FICATIONS SET OUT IN THE CONTRACT.THERE ARE NO GUARANTEES, CONDITIONS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, GIVEN IN RELATION TO THE QUALITY, MERCHANTABILITY, FITNESS OR SUITABILITY OF THE PRODUCTAND THE RESULTS TO BE OBTAINED FROM THE USE OF ANY OF THE PRODUCT, FOR ANY PARTICULAR PURP

4、OSEOR OTHERWISE, WHICH EXTEND BEYONDTHE DESCRIPTION OF THE PRODUCT AND ANY SPECIFICATIONS CONTAINED IN THIS CONTRACT.DELIVERY交货DELIVERY TERM: CIF IN ONE CARGO LOT (AS PER INCOTERMS 2000 FOR CIF SALES)DISCHARGING LOCATION: ONE SAFE BERTH/PORT QINGD AaHINADISCHARGING DATE RANGE: DECEMBER 28, 2013 TO J

5、ANUARY 6, 2014 (BOTH DATES INCLUSIVE)SELLER S NOMINATEDVESSEL OR HER SUBSTITUTE SHALL BE SUBJECT TO BUYER S AND DISCHARGING TERMINAL S ACCEPTANCE (SUCH ACCEPTANCE SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED). IN ALL CASES, BUYER SHALL MAKE BEST ENDEAVOR TO ACCOMMODATE OR BERTH THE PERFORMING VESSE

6、L UPON HER ARRIVAL WITH PRIORITY SEQUENCE AND WITHOUT ANY UNREASONABLE DELAY.BUYER SHALL GIVE FULL WRITTEN DISCHARGE INSTRUCTION FOR THE NOMINATED DISCHARGE BERTH, TERMINAL AND PORT AT LEAST SEVEN (7) DAYS PRIOR TO THE ETA OF SELLER S NOMINATED VESSEL AND SELLER SHALL NOT BE RESPONSIBLE FOR ANY DELA

7、YS THAT ARISE DUE TO BUYER S FAILURE TO DO SO.BUYER SHALL BE RESPONSIBLE FOR:PROCURING A SAFE BERTH AT THE DISCHARGING PORT AT WHICH THE VESSEL CAN, WHEN FULLY LADEN, ALWAYS LIE AND DISCHARGE AFLOAT; ANDPROCURING AND MAINTAINING IN GOOD WORKING ORDER ALL CONNECTIONS HOSES AND PIPES AND OTHER EQUIPME

8、NTS NECESSARY TO DISCHARGE THE PRODUCT AT THE BERTH; AND C) ARRANGING FOR THE BERTHING AND UNBERTHING OF VESSEL.INSURANCE保险MARINE INSURANCE COVERING THE VALUE OF THE PRODUCTTILL THE VESSEL S ARRIVAL AT DISCHARGING PORT SHALL BE ARRANGED BY SELLER AT SELLERS ACCOUNT.实用文案PRICE价格THE UNIT PRICE SHALL BE

9、 EQUIVALENT TO THE ARITHMETIC AVERAGE OF THE MEAN OF EFFECTIVE QUOTATION FOR HSFO 380 CST UNDER THE HEADING FOB SINGAPORE AS PUBLISHED IN PLATTS ASIA PACIFIC/ARAB GULF MARKETSCAfFROM DECEMBERS, 2013 TO DECEMBEF31, 2013 (BOTH DATES INCLUSIVE) PLUS A PREMIUM OF USD18.30 (UNITED STATES DOLLARS EIGHTEEN

10、 AND CENTS THIRTY) PER METRIC TON.ALL NON-PUBLICATION DAY(S) OF QUOTATIONSSHALL BE EXCLUDED. ANY OFFICIALLY PUBLISHED CORRECTION TO ANY OF THE RELEVANT QUOTATIONS SHALL BE TAKEN INTO ACCOUNT FOR THE PRICE CALCULATION.THE FINAL UNIT PRICE SHALL BE CALCULATED TO THREE (3) DECIMAL PLACES AND THE FOLLOW

11、ING ARITHMETIC RULES SHALL BE APPLIED:IF THE FOURTH DECIMAL PLACE IS FIVE (5) OR GREATER THAN FIVE (5), THEN THE THIRD DECIMAL PLACE SHALL BE ROUNDED UP TO THE NEXT DIGIT;IF THE FOURTH DECIMAL IS LESS THAN FIVE (5), THEN THE THIRD DECIMAL PLACE WILL BE UNCHANGED.ALL CHARGES(INCLUDING BUT NOT LIMITED

12、 TO TAXES, DUTIES, TARIFFS, IMPOSTS, PORT CHARGES, INSPECTION FEES) INCURRED AT DISCHARGING PORT SHALL BE FOR BUYEfS ACCOUNT.PAYMENT付款PAYMENT SHALL BE MADE IN CNY (YUAN RENMINBI) FOR FULL INVOICE VALUE WITHOUT WITHHOLD, OFFSET, COUNTERCLAIM OR DEDUCTION BY AN IRREVOCABLE DOCUMENTARY LETTER OF CREDIT

13、 (L/C). AT THE COUNTERS OF SELLER S DESIGNATED BANK WITHIN 180 DAYS FROM NOTICE OF READINESS (THE “ NOR ) DATE AT DISCHARGE PORT (NOR DATE TO COUNT AS DAY ONE) AGAINST PRESENTATION OF SELLERS ORIGINAL COMMERCIALINVOICE AND OTHER NORMAL SHIPPING DOCUMENTS(OR EQUIVALENT) AGREED BY AND THEN AVAILABLE T

14、O SELLER. THE APPLIED EXCHANGE RATE IS 6.40 CNY (YUAN RENMINBI) TO 1 USD (UNITED STATES DOLLARS).INVOICE QUANTITY WILL BE BASED ON CIQ REPORTAS PER CLAUSE (13) OF THIS CONTRACT. SHOULD THE CIQ REPORT IS NOT AVAILABLE DURING AT THE TIME OF NEGOTIATION, A PROVISIONAL QUANTITY OF 118,000 METRIC TONS WI

15、LL BE APPLIED FOR INVOICING PURPOSES.THE SELLER SHALL AS SOON AS PRACTICABLE ISSUE THE FINAL INVOICE THEREAFTER TO BUYER.ANY SHORTFALL IN PAYMENT DUE FROM THE BUYER TO THE SELLER SHALL BE SETTLED BY BUYER TO SELLER WITHIN THE IRREVOCABLE DOCUMENTARY LETTER OF CREDIT (L/C) WITHIN 180 DAYS FROM NOTICE

16、 OF READINESS (THE “ NOR ) DATE AT DISCHARGE PORT (NOR DATE TO COUNT AS DAY ONE) AFTER RECEIPT OF THE FINAL INVOICE. REFUND OF OVERPAYMENT DUE FROM THE SELLER TO THE BUYER SHALL BE SETTLED BY TELEGRAPHIC TRANSFER REMITTANCE (T/T) WITHIN FIVE (5) WORKING DAYS AFTER SELLE RS RECEIPT OF THE CARGO PAYME

17、NT AGAINST BUYERS DEBIT NOTE. NO INTEREST SHALL BE PAYABLE FOR THE PERIOD BETWEEN THE PROVISIONAL PAYMENT DUE DATE AND THE FINAL PAYMENT DUE DATE.FAILURE BY SELLER TO RECEIVE THE L/C IN GOODORDERON OR BEFORE DECEMBEF23, 2013SHALL CONSTITUTE A REPUDIATORYBREACHOF THIS CONTRACTGIVING SELLER THE RIGHTS

18、 TO文案大全实用文案WITHHOLD THE LOADING OR DISCHARGING OF THE PRODUCT UNTIL THE L/C IS RECEIVED IN GOOD ORDER AND FURTHERTERMINATE THIS CONTRACTAT SELLER S OWNDISCRETION. ALL COSTS, EXPENSES, DAMAGES, LIABILITIES AND OTHER CONSEQUENCES DUE TO FAILURE OR LATE ISSUANCE OF THE LETTER OF CREDIT (INCLUDING BUT N

19、OT LIMITED TO DEMURRAGINCURREDAT LOADING PORT OR DISCHARGING PORT, LOSS OF PROFIT, LOSS FROM PRICE FALLING AND PRODUCT DEVALUING) SHALL BE FOR ACCOUNT OF BUYER. IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO SELLER HEREUNDER OR OTHERWISE, SELLER IS ENTITLED TO DEDUCT OR SET OFF ALL COSTS, EXPENSES,

20、DAMAGES AND LOSSES (INCLUDING LOSS OF PROFIT, LOSSES FROM PRICE FALLING AND PRODUCT DEVALUING) DIRECTLY OR INDIRECTLY SUFFERED BY SELLERAS A RESULT OF BUYER S FAILURE OR LATE ISSUANCE OF THE L/C, ALL AS DETERMINEDAND CALCULATEDBY SELLER AT SELLER S SOLE DISCRETION, FROM OR AGAINST THE CASH DEPOSIT A

21、ND ADDITIONAL CASH DEPOSIT (IF ANY) REMITTED BY BUYER TO SELLER AS A SECURITY FOR BUYER S PERFORMANCE HEREUNDER.IN CASE ANY ORIGINAL DOCUMENTS ARE NOT AVAILABLE FOR PRESENTATION TO BUYER BEFORE OR ON THE PAYMENTDUE DATE, BUYER AGREES TO PAY THE SELLER AGAINST PRESENTATIONOF SELLER S COMMERCIALINVOIC

22、E AND LETTER OF INDEMNITY (LOI) IN SELLER S FORMAT (FACSIMILE OR PDF FORMAT SENT THROUGH EMAIL ACCEPTABLE).IF PAYMENT DUE DATE FALLS ON A SATURDAY OR A PRC BANKING HOLIDAY OTHER THAN A MONDAY, PAYMENT WILL BE EFFECTED ON THE PRECEDING PRC BANKING DAY. IF PAYMENT DUE DATE FALLS ON A SUNDAY OR A MONDA

23、YPRC BANKING HOLIDAY, PAYMENT WILL BE EFFECTED ON THE IMMEDIATELY FOLLOWING PRC BANKING DAY.BUYER S PAYMENT OBLIGATIONS UNDER THIS CONTRACTSHALL BE DISCHARGEDONLY TO THE EXTENT OF SELLER S ACTUAL RECEIPT OF PAYMENT IN FULL INTO SELLER S NOMINATED BANK ACCOUNT.IN THE EVENT THAT PAYMENTCOULD NOT BE SE

24、TTLED AGAINST SELLERS INVOICE ON THE DUE DATE, THEN WITHOUT PREJUDICE TO THE APPLICATION OF ANY OTHER PROVISIONS HEREOF AND / OR TO ANY OTHER REMEDY AVAILABLE TO SELLER HEREIN OR OTHERWISE, BUYER SHALL PAY SELLER INTEREST ON THE OVERDUE AMOUNT AT THE PRIME LENDING RATE OF THE CURRENCY IN WHICH THE A

25、MOUNT IS PAYABLE AS QUOTED BY JP MORGAN CHASE BANK, NEW YORK, ON THE DATE PAYMENT IS DUE PLUS 2% (TWO PERCENT) PER ANNUM, SUCH INTEREST TO RUN FROM (AND INCLUDING) THE DUE DATE UP TO THE DATE PAYMENT IS RECEIVED AND CREDITED TO SELLERS ACCOUNT BY SELLER S BANK. SUCH INTEREST SHALL BE PAYABLE TO SELL

26、ER ON DEMAND BYSELLER AND SHALL ACCRUE UNTIL PAYMENT NOTWITHSTANDINGTHE TERMINATION OF THE CONTRACT FOR ANY REASON WHATSOEVERSUCH INTEREST SHALL IN NO CIRCUMSTANCEBE CONSTRUED AN AGREEMENBY SELLER TO PROVIDE EXTENDEDCREDIT AS A MATTER OF COURSE, AND IS IN ADDITION TO ANY OTHER RIGHTS OF SELLER ARISI

27、NG OUT OF SUCH DELAY. THE AMOUNT OF LATE PAYMENT INTEREST PAYABLE TO THE SELLER SHALL BE GROSSED UP FOR WITHHOLDING TAX, IF ANY, SUCH THAT THE NET AMOUNTRECEIVED BY THE SELLER AFTER THE DEDUCTIONOF ANY SUCH WITHHOLDINGTAX SHALL BE EQUAL TO THE FULL AMOUNT OF LATE PAYMENT INTEREST DUE.ALL BANK CHARGE

28、SAT THE BUYER S BANK SHALL BE FOR THE BUYER S ACCOUNT.ALL BANK CHARGES AT THE SELLER S BANK SHALL BE FOR THE SELLER S ACCOUNT.CREDIT TERM信用条款文案大全实用文案IF (A) SUFFICIENT CREDIT FOR THIS AND OTHER PENDING TRANSACTIONS INVOLVING BUYER HAS NOT BEEN ESTABLISHED WITH THE SELLER S CREDIT DEPARTMENT;OR (B) TH

29、E CREDIT LINE GRANTEDBY SELLER S CREDIT DEPARTMENTTO BUYER HAS BEEN EXCEEDED; OR (C) SELLER DETERMINES THAT THE FINANCIAL CONDITION OF BUYER OR BUYER S AFFILIATES OR BUYER S GUARANTOR (IF ANY) HAS BECOME IMPAIRED OR UNSATISFACTORY; OR (D) FOR ANY OTHER REASON SELLER DETERMINES IT NECESSARY TO OBTAIN

30、 ADEQUATE ASSURANCES OR ADDITIONAL ASSURANCES OF BUYER S OR BUYER S AFFILIATES FINANCIAL RESPONSIBILITY, SELLER MAY, IN ITS SOLE DISCRETION AND UPON NOTICE TO BUYER, REQUIRE BUYER TO PROVIDE SELLER WITH SATISFACTORY SECURITY FOR BUYER S AND/OR BUYER S AFFILIATES PERFORMANCE OF TRANSACTIONS.SUCH SATI

31、SFACTORY SECURITY MAY INCLUDE BUT NOT BE LIMITED TO, AT SELLER S OPTION, (I) PREPAYMENT OF PRODUCT; ORAN IRREVOCABLE LETTER OF CREDIT (L/C ) OR STANDBY L/C (IN FORMAT ACCEPTABLE TOSELLER) FOR PRODUCT ESTIMATED MAXIMUM VALUE OPENED PRIOR TO THE SCHEDULED DELIVERY OF PRODUCT BY A FIRST CLASS BANK ACCE

32、PTABLE TO SELLER; ORDELIVERY TO SELLER WITHIN 2 BANKING DAYS OF SELLER S REQUESTOF A GUARANTEE FROM BUYER OR BUYE RS PARENT COMPANY OR ANY OTHER ENTITY AT SELLE RS DISCRETION IN A FORM AND SUBSTANCE SATISFACTORY TO SELLER; OR(IIII)REMITTANCE TO SELLER S NOMINATEDBANK ACCOUNTTHE CASH DEPOSIT UP TO TH

33、EAMOUNTAND PRIOR TO OR ON THE TIME LIMIT DECIDED BY SELLER AT ITS DISCRETION, AS A SECURITY FOR BUYER S PERFORMANCOF ITS OBLIGATIONS IN FULL CONFORMITYWITH THIS CONTRACT. IN THE EVENT OF EACH MARKET FLUCTUATION (E.G. EACH PRICE FALLING OR INCREASING EXCEEDING 5% OF THE CONTRACTPRICE HEREUNDEFOR THE

34、ESTIMATED CONTRACT PRICE IF THE PRICING PERIOD ISN T OVER), SELLER UNDER EACH CIRCUMSTANCEIS RESPECTIVELYENTITLED TO REQUIRE BUYER TO RAISE ITS PERFORMANCEECURITY BY FURTHER REMITTING TO SELLER S NOMINATED BANK ACCOUNT THE ADDITIONAL CASH DEPOSIT AS DECIDED BY SELLER WITHIN TWO (2) WORKING DAYS AFTE

35、R SELLER S NOTICE (THE DATE OF SELLER S NOTICE TO BE COUNTED AS DAY ONE).ANY COSTS OR CHARGES RELATED TO (I), (II), (III) AND (IIII) SHALL BE AT BUYER S OWNaccount.no interest shall be payable for the period betweenthe first cash depositPAYMENT DATE AND THE FINAL CASH DEPOSIT RETURN DATE.NOTWITHSTAN

36、DING ANYTHING TO THE CONTRARY UNDER THIS CONTRACT OR ANY OTHER CONTRACT AND WITHOUT PREJUDICE TO ANY OTHER LEGAL REMEDIES AVAILABLE TO SELLER, IF BUYER FAILS TO PROVIDE THE SATISFACTORYSECURITY AS ABOVE PARAGRAPHS,SELLER IS ENTITLED TO AT ITS SOLE OPTION (A) SUSPEND ITS PERFORMANCE HEREUNDER; OR (B)

37、 TERMINATE THIS CONTRACT OR ANY OTHER CONTRACT, INCLUDING BUT NOT LIMITED TO SUSPENDING OR STOP OIL-SUPPLYING; OR (C) PROCEEDING AGAINST BUYER FOR COSTS, DAMAGES, DEMURRAGES, LOSSES FROM PRICE FALLING, PRODUCT DEVALUING AND OTHERS OCCASIONED BY BUYES FAILURE TO PROVIDE THE REQUESTED SECURITY.LAYTIME

38、 卸货时间 THE TOTAL LAYTIME ALLOWED TO BUYER FOR DISCHARGING BUYERS CARGO AT DISCHARGING PORT SHALL BE 90 RUNNING HOURS SHINC, PRORATED FOR PART CARGO OR PART DAY.文案大全实用文案LAYTIME SHALL COMMENCBPON SIX (6) HOURSAFTER NOTICE OF READINESSIS TENDEREDOR UPON THE VESSEL IS ALL FAST ALONGSIDETHE BERTH, WHICHEV

39、EFOCCURSFIRST, AND SHALL CEASE UPON DISCONNECTION OF HOSES AFTER COMPLETION OF DISCHARGING.CONOCOWEATHERCLAUSE (AS AMENDED)TO APPLY: DELAYS IN BERTHING FOR DISCHARGINGAND ANY DELAYS AFTER BERTHING WHICH ARE DUE TO WEATHER CONDITIONS SHALL COUNT AS ONE HALF LAYTIME OR, IF ON DEMURRAGEAT ONE HALF DEMU

40、RRAGRATE, EXCEPT FOR STS/LIGHTERING OPERATION WHERE TIME TO COUNT IN FULL WEATHER PERMITTING OR NOT.AFTER HOSES OFF, MAXIMUMS HOURS FOR WAITING DOCUMENTATIOISHALL BE FOR SELLERS ACCOUNT, OTHERWISE SHALL BE FOR BUYERS ACCOUNT.IN CASE THERE ARE SEVERAL BUYERS AT SAME DISCHARGING PORT, THEN LAYTIME DEE

41、MED TO BE USED BY THE BUYER UNDER THIS CONTRACTSHALL BE THE PROPORTIONOF THE QUANTITY OF BUYER S PRODUCT AGAINST THE TOTAL QUANTITY OF ALL BUYERS PRODUCTS DISCHARGED AT THE SAME DISCHARGINGPORT MULTIPLIED BY ALL LAYTIME ACTUALLY USED BY ALL BUYERS AT THE SAME DISCHARGING PORT WHICH SHOULD COMMENCEJP

42、ON SIX (6) HOURS AFTER NOTICE OF READINESSTENDEREDAT THE DISCHARGINGPORT OR UPON THE VESSEL IS ALL FAST ALONGSIDE THE BERTH, WHICHEVER OCCURS FIRST, AND SHALL CEASE UPON DISCONNECTION OF HOSES AFTER COMPLETION OF DISCHARGING ALL BUYERS PRODUCTS.IN ALL CASES BUYER SHALL MAKE BEST ENDEAVOR TO BERTH TH

43、E VESSEL UPON HER ARRIVAL WITH PRIORITY SEQUENCE AND WITHOUT ANY UNREASONABLE DELAY.DEMURRAGE 滞期费IF THE ALLOWEDLAYTIME IS EXCEEDED, DEMURRAGEPAYABLE TO SELLER SHALL BE AS PER PERFORMING VESSELS ACTUAL CHARTER PARTY RATE, TERMS AND CONDITIONS PRORATED FOR PART DAY.SELLER SHALL NOTIFY BUYER IN WRITING

44、 WITHIN (90) DAYS AFTER COMPLETION OF CARGO DISCHARGING IF DEMURRAGE HAS BEEN INCURRED AND PROVIDE WITH ALL SUPPORTING DOCUMENTS WITHIN (120) DAYS AFTER COMPLETIONOF CARGODISCHARGING. IF SELLER FAILS TO GIVE NOTICE OR TO SUBMIT ANY SUCH CLAIM WITHIN THE TIME LIMIT AS AFORESAID, BUYER SHALL NOT BE LI

45、ABLE FOR SUCH DEMURRAGE.DEMURRAGE, IF ANY, SHALL BE PAID BY BUYER IN FULL WITHIN 30 DAYS UPON RECEIPT OF THE INVOICE FROMSELLER AFTER CONFIRAMTIONON THE DEMURRAGAMOUNTBY BOTH PARTIES. ANY OVERDUE DEMURRAGE SHALL INCUR INTERESTS AS PER THE INTEREST RATE FOR LATE PAYMENT AS SPECIFIED IN THIS CONTRACT.

46、DETERMINATION OF QUANTITY AND QUALITY 数量以及质量确定QUALITY OF THE PRODUCT SHALL BE DETERMINED AT LOADING PORT BY AN INDEPENDENT INSPECTOR WHOSE FINDINGS SHALL BE FINAL AND BINDING EXCEPT FOR MANIFEST ERROR OR FRAUDQUANTITY OF THE PRODUCT SHOULD BE DETERMINED AT DISCHARGING PORT BY CIQ WHOSE FINDINGS SHAL

47、L BE FINAL AND BINDING EXCEPT FOR MANIFEST ERROR OR FRAUD文案大全实用文案ANY CLAIM AGAINST SELLER REGARDINGTHE QUALITY OR QUANTITY OF ANY PRODUCTDELIVERED HEREUNDER SHALL BE DEEMED AND TREATED AS WAIVED AND ABSOLUTELY BARRED UNLESS THE CLAIM IS SUBMITTED TO SELLER IN WRITING, TOGETHER WITH SUPPORTING DOCUME

48、NTATIONAND REASONABLE DETAILS OF THE FACTS ON WHICH THE CLAIM IS BASED, WITHIN (90) DAYS FROM THE DATE OF COMPLETION OF DISCHARGING.INSPECTION COSTS AT DISCHARGING PORT TO BE SOLELY BORNE BY BUYER.LIABILITIES 责任NEITHER THE SELLER NOR THE BUYER SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR SPECIAL L

49、OSSES OR SPECIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCOF OR FAILURE TO PERFORM THIS CONTRACT. THE SELLER SHALL IN NO CIRCUMSTANCEBE LIABLE FOR MORETHAN THE DIFFERENCE BETWEENTHE CONTRACTPRICE AND THE MARKET PRICE, BASED ON THE NEAREST AVAILABLE MARKET, AT THE

50、 DATE OF ANY BREACH OF THE CONTRACT.TITLE AND RISK 货权及风险转移EXCEPT AS OTHERWISEPROVIDED HEREIN, THE TITLE TO AND ALL RISKS IN RESPECT OF THE PRODUCT SHALL PASS FROM SELLER TO BUYER AS SOON AS THE PRODUCT PASSES THE VESSEL S PERMANENTMANIFOLD FLANGE CONNECTIONAT THE DISCHARGINGPORT, PROVIDED THAT SELLE

51、R RECEIVES THE IRREVOCABLE DOCUMENTARY LETTER OF CREDIT OPENED BY BUYER IN GOOD ORDER AS REQUIRED BY THE CLAUSE OF PAYMENT ABOVE.IN THE EVENT THAT BUYER FAILS TO OPEN THE IRREVOCABLE DOCUMENTARY LETTER OF CREDIT IN GOODORDER AS REQUIREDBY CLAUSE OF PAYMENTABOVE AND THE CONTRACT1S NOT THEREBY TERMINA

52、TE D BY SELLER, ALL THE RISKS AND LIABILITIES OF THE PRODUCTSHALL PASS FROM SELLER TO BUYER AS THE PRODUCTPASSES THE VESSEL S PERMANENTMANIFOLD FLANGE CONNECTIONAT THE DISCHARGINGPORT. THE TITLE TO AND PROPERTYIN THE PRODUCTSHALL PASS TO BUYER UPON RECEIPT BY SELLER OF PAYMENTIN FULL (INCLUDING THE

53、INTERESTS IF ANY).AT THAT POINT THE SELLERS RESPONSIBILITY FOR THE OIL SHALL CEASE AND THE BUYER SHALL ASSUMEALL RISKS OF LOSS OR DAMAGEINCLUDING BUT NOT LIMITED TO DETERIORATION OR EVAPORATION OF THE PRODUCTS DELIVERED.DOCUMENTATIONS 文件BUYER SHALL PROVIDE SELLER WITH THE DOCUMENTINSTRUCTION PARTICU

54、LARS WHICH IS ACCEPTABLEAND FEASIBLE TO SELLER NOT LESS THAN 7 (SEVEN) WORKINGDAYS PRIOR TO LOADING. SHOULD BUYER FAIL TO COMPLY, SELLER HAS THE RIGHT TO DELAY DELIVERY OR LOADING WITHOUT INCURRING ANY LIABILITIES IF AND TO THE EXTENT THAT SUCH LIABILITIES ARE CAUSED BY BUYER S FAILURE. BUYER SHALL

55、BE RESPONSIBLE FOR ALL COSTS, DEMURRAGES, EXPENSES AND OTHERS CAUSED BY ITS FAILURE TO PROVIDE THE DOCUMENTARY INSTRUCTIONS.WARRANTIES 保证条款文案大全实用文案EXCEPT FOR THE WARRANTY OF TITLE, NO CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS OR SUITABILITY OF THE PRODUCT FOR ANY PART

56、ICULAR PURPOSE OR OTHERWISE, ARE MADE BY SELLER OTHER THAN THAT THE PRODUCTCONFORMS, WITHIN ANY TOLERANCES STATED AND TOTHE EXTENT OF REPRODUCIBILITY AND REPEATABILITY OF THE TEST METHOD USED, TO THE DESCRIPTION STATED IN THE QUALITY CLAUSE.FORCE MAJEURE 不可抗力NEITHER BUYER NOR SELLER WILL BE LIABLE F

57、OR LOSSES, DAMAGES, DELAYS OR OTHERWISE FOR ANY FAILURE OR DELAY IN PERFORMANCOF ANY OBLIGATION HEREUNDEROTHER THAN ANY OBLIGATION TO MAKE PAYMENT, OPEN L/C AND PROVIDE SECURITY, WHERE SUCH FAILURE OR DELAY IS CAUSED BY FORCE MAJEURE, BEING ANY EVENT OR OCCURRENCE OR CIRCUMSTANCE REASONABLY BEYOND T

58、HE CONTROL OF THAT PARTY, INCLUDING WITHOUT LIMITATION (BUT WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING), FAILURE OR DELAY CAUSED BY OR RESULTING FROM ANY CURTAILMENT, FAILURE OR CESSATION OF SUPPLIES OF THE OIL FROM ANY OF THE SELLERS OR SUPPLIERS SOURCES OF SUPPLY OR ANY REFUSAL TO SUPPLY

59、 OIL (WHETHER LAWFUL OR OTHERWISE BY SELLER S SUPPLIER(S) AND WHETHER OR NOT FOR THE PURPOSE OF THIS CONTRACT), ACTS OF GOD, FIRES, WARS(WHETHERDECLAREDOR UNDECLARED), BLOCKADES, INSURRECTIONS, RIOTS, DESTRUCTIONOF THE PRODUCT, PERILS OF THE SEA, EARTHQUAKESFLOODS, ICE CONDITION, STRIKES, LOCKOUTSOR

60、 OTHER LABOR DISRUPTIONS, ACCIDENTS, EXPLOSIONS, BREAKDOWNSOR FAILURE OF WELL, PIPE, STORAGE TANK, REFINERY FACILITY, PLANT, MACHINERY OR EQUIPMENT, OFFICIAL EMBARGOESACTIONS OR RESTRICTIONS IMPOSED BY ANY GOVERNMENAUTHORITY OR PERSONPURPORTINGTO ACT THEREFOR(INCLUDING ALLOCATIONS, PRIORITIES, REQUI