1. The buyer shall have the covering letter of credit reach the Seller 30 days before shipment, failing which the Seller reserves the right to rescind without further notice, or to regard as still valid whole or any part of this contract not fulfilled by the Buyer, or to lodge a claim for losses thus sustained, if any.
2. In case of any discrepancy in Quality/Quantity, claim should be filed by the Buyer within 130 days after the arrival of the goods at port of destination; while for quantity discrepancy, claim should be filed by the Buyer within 150 days after the arrival of the goods at port of destination.
3. For transactions concluded on C.I.F. basis, it is understood that the insurance amount will be for 140% of the invoice value against the risks specified in the Sales Confirmation. If additional insurance amount or coverage required, the Buyer must have the consent of the Seller before Shipment, and the additional premium is to be borne by the Buyer.
4. The Seller shall not hold liable for non-delivery or delay in delivery of the entire lot or a portion of the goods hereunder by reason of natural disasters, war or other causes of Force Majeure, However, the Seller shall notify the Buyer as soon as possible and furnish the Buyer within 15 days by registered airmail with a certifi- cate issued by the China Council for the Promotion of International Trade attesting such event(s).
5. All deputies arising out of the performance of, or relating to this contract, shall be settled through negotiation. In case no settlement can be reached through negotiation, the case shall then be submitted to the China International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitral rules. The arbitration shall take place in Shanghai. The arbitral award is final and binding upon both parties.6. The Buyer is requested to sign and return one copy of this contract immediately after receipt of the same. Objection, if any, should be raised by the Buyer within 15 days otherwise it is understood that the Buyer has accepted the terms and conditions of this contract.
7. Special conditions: ( These shall prevail over all printed terms in case of any conflict.)
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