supplementary terms and conditions that may be attached to this Contract
shall automatically prevail over the terms and conditions of this Contract
if such supplementary terms and conditions come in conflict with terms and
conditions herein and shall be binding upon both parties.
FOR THE SELLER FOR THE BUYER
【章名】 SECTION 2
【章名】 14 FOB/FAS TERMS
14.1 The shipping space for the contracted goods shall be booked by
the Buyer or the Buyer's shipping agent __________.
14.2 Under FOB terms, the Seller shall undertake to load the
contracted goods on board the vessel nominated by the Buyer on any date
notified by the Buyer, within the time of shipment as stipulated in Clause
8 of this Contract.
14.3 Under FAS terms, the Seller shall undertake to deliver the
contracted goods under the tackle of the vessel nominated by the Buyer on
any date notified by the Buyer, within the time of shipment as stipulated
in Clause 8 of this Contract.
14.4 10-15 days prior to the date of shipment, the Buyer shall inform
the Seller by cable or telex of the contract number, name of vessel, ETA
of vessel, quantity to be loaded and the name of shipping agent, so as to
enable the Seller to contact the shipping agent direct and arrange the
shipment of the goods. The Seller shall advise by cable or telex in time
the Buyer of the result thereof. Should, for certain reasons, it become
necessary for the Buyer to replace the named vessel with another one, or
should the named vessel arrive at the port of shipment earlier or later
than the date of arrival as previously notified to the Seller, the Buyer
or its shipping agent shall advise the Seller to this effect in due time.
The Seller shall also keep in close contact with the agent or the Buyer.
14.5 Should the Seller fail to load the goods on board or to deliver
the goods under the tackle of the vessel booked by the Buyer. Within the
time as notified by the Buyer, after its arrival at the port of shipment
the Seller shall be fully liable to the Buyer and responsible for all
losses and expenses such as dead freight, demurrage. Consequential losses
incurred upon and/or suffered by the Buyer.
14.6 Should the vessel be withdrawn or replaced or delayed eventually
or the cargo be shut out etc., and the Seller be not informed in good time
to stop delivery of the cargo, the calculation of the loss in storage
expenses and insurance premium thus sustained at the loading port shall be
based on the loading date notified by the agent to the Seller (or based on
the date of the arrival of the cargo at the loading port in case the cargo
should arrive there later than the notified loading date). The
abovementioned loss to be calculated from the 16th day after expiry of the
free storage time at the port should be borne by the Buyer with the
exception of Force Majeure. However, the Seller shall still undertake to
load the cargo immediately upon the carrying vessel's arrival at the
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