3.6 单据 Documents

卖方应向买方提交国外进口设备的全额形式发票、箱单、设备图片及技术说明。The Seller shall furnish the proforma invoice with the amount of 100% of all imported equipment, packing list, the equipment pictures and related technical specification.

 

卖方应在装船后13天内，向买方提交如下单据，如由于卖方未能按时提交有关单据，一切由此产生的额外费用将由卖方支付。The Seller shall present the following documents to the Buyer within thirteen (13) days after date ofloading. In case the Seller fails to present the documents as required, all additional costs incurred thereafter shall be borne by the Seller.

承运人的接收证明三（3）份正本，三（3）份副本。   Three (3) original and three (3) copies of Forwarding Agent’s certificate of receipt.

由卖方签发的装箱单或重量单二正四副，表明合同号、数量、毛重、净重、每个箱子的具体尺寸、箱号和/或集装箱号、包装条件、以及相应的发票号和日期。Packing List/Weight Memo in 2 (two) originals and 4 (four) copies issued by the Seller, indicating the Contract number, quantity/gross and net weight, dimensions and packing details of each package, number of packages and/or containers, packing conditions and number and date of corresponding invoice.

由制造厂商或独立检验机构签发的质量证书和数量证书两正两副，表明合同号、规格、以及货物实际检验质量、数量与包装条件。Certificate of Quality and Quantity in 2 (two) originals and 2 (two) copies issued by the manufacturers or an independent surveyor, indicating the Contract number, full specifications and the actual quality and quantity of the Commodity shipped as well as the packing conditions.

由卖方出具的原产地证明一正二副。Certificate of Origin in 1 (one) original and 2 (two) copies issued by the Seller.

任何正本单据要清楚地标明“正本”字样，并有出具人手签。Any original documents shall be clearly marked as “ORIGINAL” and signed by the issuer in hand writing.

 

货物发运前卖方应对货物的质量、规格、性能、数量和重量进行仔细的全面的检验，并出具一份质量证书，证明货物已检验并符合合同的要求。（有待商讨）The Seller shall, before making delivery, carry out precise and comprehensive inspection of the Goods as regards the quality, specifications, performance, quantity and weight and issue a quality certificate to indicate that the Goods have been inspected and in conformity with the stipulations in the Contract. (to be discussed).

 

买方有权自担费用在货物制造过程中和货物发运之前，派技术人员前往卖方的或卖方分包商的工厂，对货物、货物部件、附属件、控制系统进行检验，买方人员有权根据合同相关附件使用卖方的图纸、检测结果及其它必要信息。如果因买方的检验而导致的延期，交货期应作相应调整。The Buyer shall reserve the right to send his personnel at his own costs to inspect the Goods, its components, associated ancillaries and control system during manufacturing and before delivery of the Goods at the Seller’s or its Subcontractor’s shops, including access to drawings, test results and necessary information as per relevant Appendices of the Contract. If the delivery time is delayed resulting from the Buyer’s above inspection, the delivery time shall be extended accordingly.

 

Huayiwang Chinese Translation Company has translated many professional documents about Claims.

 

5.1如果货物与合同不符，卖方负有责任，买方将按合同的规定，在质保期限内提出索赔，卖方应在买方的同意下以下列方式之一或几种做出赔偿。In case the Seller is liable for any shortcoming of the Goods from the contractual requirement and a claim is lodged by the Buyer within the time limit of inspection and quality warranty period as stipulated in the Contract, the Seller shall settle the claims upon the agreement of the Buyer in one or a combination of the following ways.

 

5.1.1必要时以符合合同要求的规格、质量和性能的新部件更换整个缺陷部件，并承担由此发生的所有直接费用。卖方同时应根据合同规定对18个月后更换的部件相应的延长质保期6个月。为消除疑问，原本的质量保证期限是对该质量保证期限的限制。Replace the defective part/component in its entirety, if necessary, or with new parts which conform to the specifications, quality and performance as specified in the Contract, and bear all directly related expenses sustained by the Buyer. The seller shall at the same time warrant the quality of the replaced parts for 6 months after the date replaced if this case happens after 18 months within warranty time For the avoidance of doubt the original warranty period shall be the time limit for this warranty period.

 

 

5.1.2 如果仅有细微缺陷，经卖方同意之后，买方可自行处理，卖方应承担由此发生的合理费用。If there is only minor defect which can be removed by the Buyer himself after getting Seller’s approval, the expenses arising thereof shall be borne by the Seller.

 

5.1.3 如果卖方在收到买方的索赔通知后六十个日历天内未做出答复，上述索赔视为被卖方接受，买方将着手索取赔偿金额，或自行纠正缺陷，费用由卖方承担In case the Seller fails to reply within sixty (60) calendar days after receipt of the Buyer's claim, the above-mentioned claims shall be regarded as being accepted by the Seller and the Buyer will proceed to recover the claim amount, or the Buyer will correct the deficiencies at the Seller's expense.