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Translate into Vietnamese
1. Goods are to be packed in strong wooden case(s) then in
container, suitabfor long distance ocean/parcel post/air freight
transportation and change climate, well protected against moisture
and shocks and roughly portage. ThSellers shall be liable for any
damage of the commodity and expenses incurreon account of improper
packing and for any rust attributable to inadequate o
improper protective measures taken by the Sellers in regard to
the packing. Thwooden boxes must be labeled with "IPPC
2. The Sellers shall not be held responsible for any delay in
delivery or nondelivery of the goods due to Force Majeure. However,
the Sellers shall advise thBuyers immediately of such occurrence
and within fourteen days thereafter, shasend by airmail to the
Buyers for their acceptance a certificate issued bcompetent
government authorities of the place where the accident occurs
aevidence thereof. Under such circumstances, the Sellers, however,
are still undethe obligation to take all necessary measures to
hasten the delivery of the goodIn case the accident lasts for more
than ten weeks, the Buyers shall have th
right to cancel this Contract.
3. In case of delayed delivery except for force majecure cases,
the Seller shall pay to the Buyer foevery week of delay penalty
amounting to 0.5% of the total value of the goods whose delivery
ha
been delayed. Any fractional part of a week is to be considered
a full week. The total amount o
penalty shall not, however, exceed 5% of the total value of the
goods involved in late delivery. Th
Seller grants a grace period of four weeks from the delivery
date before penalties shall be applied
4. In the event of late Delivery for reasons other than force
majeure as defined ithis Contract, the SELLER shall pay as
liquidated damages and not as a penalthe sum of 0.1% of the value
of the undelivered part per day of late Delivery u
to a maximum of 10% of the Price payable under Clause 10 below.
Payment liquidated damages shall be due without the BUYER having to
furnish proof of anloss, damages or injury.Payment of liquidated
damages shall constitute full and complete satisfaction oany claim
of the BUYER against the SELLER arising from or in connection with
latDelivery of any Goods. In particular the SELLER shall not be
liable for any indireor consequential loss or damages, as defined
in Clause 2.7 above, arising from oin connection with late delivery
of any Goods
5. If the Seller fails to deliver the Goods at the fixed date,
the Buyer will have thright to demand from the Seller the payment
of a penalty of 1% per day of th
value of goods not delivered. The Buyer has the right to cancel
contract in case delayed shipment exceeding 50 days from the fixed
delivery time. The Seller hato pay back the Buyer the sum having
been paid plus interest rate and has tcompensate all actual and
documents losts arising due to cancelling of contrachowever not
exceeding 5% of the contract value.
6. The Manufacturer shall be liable to pay penalty in the
following cases specifieas breach of contract:In the event of late
delivery: The Manufacturer has to pay as liquidated damage
2.5% of the sum of performance bond if the Manufacturer delays
15 working dayor more from the planned time of shipment. If such
delay exceeds 30 day
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liquidated damages amounting up to 5% of the sum of performance
bond shall bdue. In any event, the total maximum claim during the
execution of this contracis capped at 5% of the sum of the
performance bond.In the event of shortage of quantity no penalty
shall be due. Instead the Buyeshall be entitled to a reduction of
the Contract Price equalling the differencbetween the goods
delivered and the goods the Manufacturer was liable tdeliver.
7. In the event of late Delivery for reasons other than force
majeure as defined iClause 17 above, the Seller shall pay as
liquidated damages and not as penaltythe sum of 5% of the value of
the undelivered part per Day of late Delivery up toa maximum of 25%
of the price payable under Clause 9 below. Payment ofliquidated
damages shall be due without the Buyer having to furnish proof of
anyloss, damage or injury.
8. Payment of liquidated damages by the Seller shall not
preclude the Buyer froseeking compensatory damages from the Seller
for any loss, injury or damagarising from or in connection with
late Delivery of any Goods; in particular th
Buyer shall be entitled to compensation from the Seller for any
indirect consequential loss or damage, including but not limited to
loss of profit, loss ouse or loss of contract, arising from or in
connection with late Delivery of anGoods.
