| Both
parties here to agree to the following terms and conditions
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| 1. |
Quantity : Unless
otherwise specified a variation of not more than five
(5) percent either way from the specified total quantity
shall be deemed to be in compliance with this contract.
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| 2. |
Import license :
Buyer is responsible for obtaining in good time the necessary
import license and /or permit, but failure or delay in
obtaining such license or permit shall not constitute
force majeure
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| 3. |
Shipment : The
date of the bill of loading shall be accepted as the date
of shipment. Partial shipment and/or transhipment is permissible
unless otherwise specified . If this contract is made
on F.O.B, I.A.S or any other term under which buyer has
to secure or arrage vessel's space on the basis of berth
terms and give seller shipping instruction in the including
without limitation,the name, and detailed schedule of
the vessel. failure of buyer to give such instruction
in time is a breach of this contract and seller, at its
sale discretion and for buyer's risk and account, may
either (I) arrange vessel's space and make shipment (II)
dispose of the goods specified on the face of this contract
or (III) terminate this contract or any part there of
without preju dite to any other rights and remedies seller
may have
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| 4. |
Insurance : In
case of C.I.F or C & I basis, 110% of the invoice
amount shall be insured , unless otherwise agreed any
additional insurance required by buyer shall be at his
own expense.
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| 5. |
Packing, etc :
Unless otherwise request by buyer, packing, marking, make-up,
stamping, and ticketing shall be of seller's option. seller
accepts no responsibility consequences coused by lose
arrival of instruction these on.
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| 6. |
Inspection : Unless
otherwise specified, seller's system of inspection shall
be considered as final.
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Both
parties here to agree to the follow term and conditions
::
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| 1. |
Claims : claims
which must always be in writing reach seller with in thirty
(30) days after the arrival of the goods at the part of
destination. The goods must be kept into et for inspection
by authorized surveyors or if seller so request, by seller
or manufacturer's own representative and must not be used
or resold until such inspection has been complete. If
buyer fails to notify seller of claim within the said
period. Buyer shall bee deemed to have waived right to
move any claim. Any dispute regarding seller's performance
of this contract shall not entitle buyer to refuse to
take delivery of the goods or to post pone the relative
payment.
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| 2. |
Arbitration : All
disputes, controversies, or differences of opinion , which
many arise between the parties here to out of or in relation
to or in connection with this contract or for any reach
there of, shall be settled finally by arbitration in surabaya
in accordance with the rules of the Indonesian.
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| 3. |
Goverming law :
This contract shall be govermed by the laws of indonesian.
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| 4. |
General : The foregoing
conditions are in addition to and without prejudice to
seller's right at law. |
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