59. Upon first presentation the buyer shall pay against documentary draft drawn by the seller at sight. The shipping documents are to delivered against payment only.
60. The buyers shall duly accept the documentary draft drawn by the sellers at 30 days after date of B/L upon first presentation and make payment on its maturity. The shipping documents are to be delivered against payment(acceptance) only.
61. In order to guarantee the continuous production and perform the delivery proceeding stipulated under this contract, Party A agrees to execute the obligations specified in the following payment terms:
35% of the total contract value as advance payment shall be remitted by the Party A to Party B through telegraphic transfer within one month after signing the contract. The remaining contract amount shall be paid by an irrevocable sight letter of credit that will be reach the Party B one month before the shipment.
62. The Buyer shall open an irrevocable, transferable letter of credit in favor of the Seller before the end of July 1998. The said letter of credit shall be available by draft(s) at sight for full invoice value and remain valid for negotiation in China until the 15th day after the aforesaid time of shipment. In case the Seller is unable to ship the goods within the specified time of shipment, both the shipment and validity dates of the letter of credit shall automatically be extended for 20 days.
63. The Buyer shall establish the covering letter of credit before the date stipulated in clause 8 of the S/C, failing which the Seller reserves the right to rescind without further notice, whole or any part of this S/C, and /or to lodge a claim for the losses sustained, if any.
64. 经协商，买卖双方同意付款方式为保兑、不可撤销并列有电报索偿条款的跟单信用证，凭受益人开立之发票全额的即期汇票支付。若卖方的备货周期为30天,则销售合同中的支付条款可拟订为：
PAYMENT:
65. 经协商，买卖双方同意付款方式为：不可撤销、可转让的即期跟单信用证，凭卖方根据95%发票金额开立的汇票支付。若此时卖方有现货供应，则销售合同中完整的支付条款应订为：
PAYMENT:
66. 经磋商，买卖双方同意10%的货款在合同签字之日起十日内电汇预付，剩余部分凭不可撤销即期议付信用证支付，信用证须在本月底开到。那么，合同的支付条款可拟订为：
PAYMENT:
其它条款
67. 装船通知：卖方应于货物装船完毕后，立即以传真通知卖方合同号、货物名称、数量、毛重，发票金额、船名和启航日期。若由于卖方未及时以传真通知买方，或通知内容不全，而使买方不能按时办理保险时，由此产生的一切损失，均应有卖方承担。
68. 质量保证：卖方保证货物是全新的，其质量、规格和性能与本合同规定相符，保证期为货物抵目的港卸离船后 月。
69. 检验和索赔：
1） 发货前，制造厂应对货物的质量、规格、性能和数量/重量做精密全面的检验，出具检验证明书，并说明检验的技术数据和结论。
2） After arrival of the goods at the port of destination the Buyers shall apply to the China Commodity Inspection Bureau (hereinafter referred to as CCIB) for a further inspection in respect of the specifications and quantity/weight of the goods. If damages of the goods are found, or the specifications and/or quantity are not in conformity with the stipulations of this Contract, except when the responsibilities lie with Insurance Company or Shipping Company, the Buyers shall, within ---- days after arrival of the goods at the port of destination, claim against the Sellers, or reject the goods according to the inspection certificates issued by CCIB.
3） 在保证期限内，如货物由于设计和制造上的缺陷而发生损坏和/或数量与合同规定不符，买方将委托商检局进行检验，并凭其检验证明书向卖方提出索赔（包括换货），由此产生的全部费用应由卖方承担。
4） The claims mentioned above shall be regarded as being accepted if the Sellers fail to reply within 30 days after the Sellers receive the Buyers claim.
70. 本合同内所述全部或部分商品，如因人力不可抗拒的原因，以至不能履约或延迟交货，收方概不负责。
71. FORCE MAJEURE: The Sellers shall not be held responsible for the delay in shipment or non-delivery of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading or transit. The Sellers shall advise the Buyers immediately of the accident. Within 14 days, the seller shall airmail a certificate on the accident issued by the competent Government Authorities where the accident occurs. Under such circumstances the Sellers, however, are still under the obligation to take all necessary measures to hasten the delivery of the goods. In case the accident lasts for more than ten weeks the Buyers shall have the right to cancel the Contract.
72. 迟交货罚款：除本合同第15条规定的人力不可抗拒原因外，如卖方不能按合同规定的时间交货，买方应同意在卖方付罚款的条件下延期交货。罚款可由支付银行在议付货款时扣除，罚款率按每7天收0.5%，不足7天时以7天计算。但罚款不得超过迟交货物总价的5%。如卖方延期交货超过合同的10周时，买方有权撤销合同。此时，卖方仍应不迟延地按上述规定向卖方支付罚款。
73. ARBITRATION: All disputes arising from the execution of, or in connection with this Contract, shall be settled amicably through friendly negotiation. In case no settlement can be
reached through negotiation, the case shall then be submitted to the China International Economic and Trade Arbitration Commission, in Beijing, for arbitration in accordance with its Rules. The arbitral award is final and binding upon both parties. Arbitration fee shall be borne by the losing party.
74. 下面是上海晨星公司与中东某公司洽谈GBF806农用柴油机的往来电报, 试根据这些电报, 写出正确完整的合同条款。
August 2nd (Incoming)
HAVING BUYERS INTERESTED IN YOUR GBF806 DIESEL ENGINE PLSQUOTE 2000SETSFORPROMPT SHIPMENT
August 3rd (Outgoing)
RYC2ND HORSEBRAND GBF806 DEISEL ENGINE WOODENCASE ONESETEACH USD82/SET CIFC5 DUBAI
OCT/NOV SIGHTL/C REPLYHERE BEFORE6TH
August 5th (Incoming)
YC3RDNOT ACCEPTABLE COMPETITOR SIMILAR QUALITY ONLYQUOTE USD75CIFC5
August 7th (Outgoing)
OFFERAGAIN SAMEAS3RD SUBJECT REPLY10TH OURTIME
August 9th (Incoming)
RYC7TH ACCEPTABLE ONLYIF75 CIFC5DUBAI D/PSIGHT PLSCONFIRM
August 10th (Outgoing)
RYC9LOWEST USD80CIFC5 SIGHTL/C RUSHREPLY BEFORE12TH
August 11h (Incoming)
YC10ACCEPT IF CREDIT 30DAYS AFTERB/L ORDERAGAIN 800SETS SAMETERMS CONFIRMASAP
August 12th (Outgoing) YC11THCFMD PLSOPENL/C
COMMODITY AND SPECIFICATIONS
QUANTITY
PACKING
PRICE
SHIPMENT
INSURANCE
PAYMENT
75. 根据往来函电磋商结果填写完整合同条款
Art. No. Commodity Unit Quantity Unit Price Amount
TOTAL CONTRACT VALUE:
PACKING:
PORT OF LOADING & DESTINATION:
TIME OF SHIPMENT:
TERMS OF PAYMENT:
INSURANCE:
August 2nd (Incoming)
HAVING BUYERS INTERESTED IN YOUR GBF806 DIESEL ENGINE PLSQUOTE 2000SETSFORPROMPT SHIPMENT
August 3rd (Outgoing)
RYC2ND HORSEBRAND GBF806 DEISEL ENGINE WOODENCASE ONESETEACH USD82/SET CIFC5 DUBAI
OCT/NOV SIGHTL/C REPLYHERE BEFORE6TH
August 5th (Incoming)
YC3RDNOT ACCEPTABLE COMPETITOR SIMILAR QUALITY ONLYQUOTE USD75CIFC5
August 7th (Outgoing)
OFFERAGAIN SAMEAS3RD SUBJECT REPLY10TH OURTIME
August 9th (Incoming)
RYC7TH ACCEPTABLE ONLYIF75 CIFC5DUBAI D/PSIGHT PLSCONFIRM
August 10th (Outgoing)
RYC9LOWEST USD80CIFC5 SIGHTL/C RUSHREPLY BEFORE12TH
August 11h (Incoming)
YC10ACCEPT IF LC30DAYS AFTERB/L ORDERAGAIN 800SETS SAMETERMS REPLYASAP
August 12th (Outgoing) YC11THCFMD PLSOPENL/C