对于合同 有些对出口方不利的 ，我可以提出要求吗？ 4. terms of payment all payments are under the present contract carried out in us dollars by a bank remittance. under the given contract following payment terms of the goods are possible: a partial advance payment with definitive payment after goods reception; a partial advance payment with definitive payment after pre-shipment inspection of the goods or transfer of goods to the carrier; 100% payment delay. the partial advance payment is recognized security deposit in accord with article 115 of chinese contract law. terms of payment on each job lot of the goods will be specified in the specification in this party. 4.4. payment of the goods by the buyer will be made on the basis of a proforma-invoice, exposed by the seller. 4.5. in case of payment delay, the buyer should pay to the seller of a fine at a rate of 0,1% from the delayed sum per every day of delay. 4.6. at advance payments, in case of goods non-delivery in the terms specified in item 3.4 the seller returns to the buyer the sum of advance payment not later than 10 days from the date of reception from the buyer of the notice on refusal of the ordered goods. 4.7. all gathering, taxes, the customs duties on the territories of the seller connected with performance of the present contract are paid by the seller, in territory of the buyer the buyer pays.
5. packing and marks 5.1.the goods should be packed according to requirements to each kind of the goods.external and internal packing should provide protection against damage, damages and atmospheric influences.boxes into which the goods are packed, should be marked.
5.2.all accompanying documents the same as marks and the engineering specifications,should be made in english.
6. acceptance 6.1.the goods are considered the delivered ,seller and the accepted buyer:by quantity - according to accompanying documents; by quality - according to the certificate of quality of the seller. 6.2.definitive acceptance is carried out in the country of the buyer. goods are accepted: by quantity of places - at the moment of reception of the goods from the forwarding agent (carrier); by quantity contained in packing not later than two weeks after goods reception; on quality - not later than a month after packing opening.
6.3.acceptance is carried out by the authorized representative of the buyer with the invitation in need of the representative of commercial and industrial chamber (for choice the buyer) with registration of the certificate of acceptance. 6.4. the buyer has the right to conduct pre-shipment inspection of goods within 10 days from the date of readiness for shipment. pre-shipment inspection can be made representative of the buyer or attracted of the inspection agency.
6.5. if the pre-shipment inspection will identify defects in the goods or its discrepancy to contract conditions, the seller deprived of the right to ship this part of the goods and as soon as possible obliged to eliminate defect or replace the defective goods or defective components at own expense.
7. quality and guarantees quality of the goods should be in full conformity with the certificate of quality of the manufacturer. warranty period for the goods established 12 months from the date of delivery. if during a warranty period the goods put by the seller, show defects or discrepancy to contract conditions, the seller is obliged to eliminate defect or to replace defective goods or defective components at own expense. delivery of the defective goods at return is carried out at the expense of the seller.
8. claims the buyer can put forward to the seller of the claim by quantity and quality of the goods within two weeks from the date of a
