18.A.4 Two copies each of the certificates of quality and quantity or weight issued by the manufacturer and/or a qualified independent surveyor at the loading port and must indicate full specifications of goods conforming to stipulations in Letter of Credit.
18.A.5 One duplicate copy of the cable or telex advice of shipment as stipulated in Clause 17 of the Terms of Delivery.
18.A.6 A letter attesting that extra copies of abovementioned documents have been dispatched according to the Contract.
18.A.7 A letter attesting that the nationality of the carrying vessel has been approved by the Buyer.
18.A.8 The relevant insurance policy covering, but not limited to at least 110% of the invoice value against all and war risks if the insurance is covered by the Buyer.
18.B Any original document(s) made by rephotographic system, automated or computerized system or carbon copies shall not be acceptable unless they are clearly marked as "ORIGINAL." and certified with signatures in hand writing by authorised officers of the issuing company or corporation.
18.C Through Bill of Lading, Stale Bill of Lading, Short Form Bill of Lading, shall not be acceptable.
18.D Third Party appointed by the Beneficiary as shipper shall not be acceptable unless such Third Party Bill of Lading is made out to the order of shipper and endorsed to the Beneficiary and blank endorsed by the Beneficiary.
18.E Documents issued earlier than the opening date of Letter of Credit shall not be acceptable.
18.F In the case of C&F/CIF shipments, Charter Party Bill of Lading shall not be acceptable unless Beneficiary provides one copy each of the Charter Party, Master's of Mate's receipt, shipping order and cargo or stowage plan and/or other documents called for in the Letter of Credit by the Buyer.
18.G The seller shall dispatch, in care of the carrying vessel, two copies each of the duplicates of Bill of Lading. Invoice and Packing List to the Buyer's receiving agent, _______________at the port of destination.
18.H Immediately after the departure of the carrying vessel, the Seller shall airmail one set of the duplicate documents to the Buyer and three sets of the same to
______________________________ Transportation Corporation at the port of destination.
18.I The Seller shall assume full responsibility and be liable to the Buyer and shall compensate the Buyer for all losses arising from going astray of and/or the delay in the dispatch of the above mentioned documents.
18.J Banking charges outside the People's Republic of China shall be for the Seller's account.
19 If the goods under this Contract are to be dispatched by air, all the terms and conditions of this Contract in connection with ocean transportation shall be governed by relevant air terms.
20 Instruction leaflets on dangerous cargo: For dangerous and/or poisonous cargo, the Seller must provide instruction leaflets stating the hazardous or poisonous properties, transportation, storage and handling remarks, as well as precautionary and first-air measures and measures against fire. The Seller shall airmail, together with other shipping documents, three copies each of the same to the Buyer and___________________ Transportation Corporation at the port of destination.
21 Inspection & claims:
In case the quality, quantity or weight of the goods be found not in conformity with those as stipulated in this Contract upon re-inspection by the China Commodity Import and Export inspection Bureau within 60 days after completion of the discharge of the goods at the port of destination or, if goods are shipped in containers, 60 days after the opening of such containers, the Buyer shall have the right to request the Seller to take back the goods or lodge claims against the Seller for compensation for losses upon the strength of the Inspection Certificate issued by the said Bureau, with the exception of those claims for which the insurers or owners of the carrying vessel are liable, all expenses including but not limited to inspection fees, interest, losses arising from the return of the goods or claims shall be borne by the Seller. In such a case, the Buyer may, if so requested, send a sample of the goods in question to the Seller, provided that sampling and sending of such sample is feasible.
22 Damages:
With the exception of late delivery or non-delivery due to "Force Majeure" causes, if the Seller fails to make delivery of the goods in accordance with the terms and conditions, jointly or severally, of this Contract, the Seller shall be liable to the Buyer and indemnify the Buyer for all losses, damages, including but not limited to, purchase price and/or purchase price differentials, deadfreight, demurrage, and all consequential direct or indirect losses. The Buyer shall nevertheless have the right to cancel in part or in whole of the contract without prejudice to the Buyer's right to claim compensations.
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