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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:对于因生产过程或装运中可能产生的不可抗力导致迟交货或不能交货,卖方不承担责任。卖方应在发生上述情况14天内通知买方, 卖方应用航空邮件将有关政府当局部门出具的证明不可抗力产生的文件寄送给买方。尽管如此,卖方仍应尽最大的努力促使发货。
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迟交货和罚金:如卖方未能按本合同规定的时间及时交货,除本合同第15条列明的不可抗力外,买方同意在卖方付罚金(由付款银行扣减)的前提下同意延迟交货。尽管如此,罚金金额不应超过迟交货部分的5%。罚金按每7天0.5%收取。少于7天按7天计算。万一卖方不能在合同规定的装运时间10周后发货,买方有权取消合同,尽管买方取消合同,卖方仍应不迟延地支付买方罚金。
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终止合同:双方经协商终止合同。卖方应归还已支付费用的模具,归还模具的运输费由买方支付。
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:任何关于此合同的争议应提交中国国际经济贸易仲裁委员会,按照申请仲裁时委员会现行仲裁条例进行仲裁。仲裁是最终的并且对双方具有约束力。仲裁费用由败诉方承担。
18.BANK CHARGES: All bank charges outside China will be on the account of the Buyers.
18.银行费用:中国以外的所有银行费用由买方支付。
19.OTHER: This contract signed in three copies, the seller holds one copy and the buyer hold two copies.
19. 其它条款:本合同一式三份,卖方持壹份,买方持两份。
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