文档介绍：第九章检验、索赔、不可抗力和仲裁
商品检验
索赔、理赔及违约补救
不可抗力 Force Majeure
仲裁 Arbitration
第一节商品检验
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It is mutually agreed that the Inspection Certificate of quality and quantity / weight issued by the China Import and modity Inspection Bureau at the port of shipment shall be part of documents to be presented for negotiation under the relevant L/C. The Buyers shall have the right to re-inspect the quality and quantity / weight of the cargo. The re-inspection fee shall be borne by the Buyers. Should the quality and / or quantity / weight be found not in conformity with that of the contract, the Buyers are entitled to lodge with the Sellers a claim which should be supported by survey reports issued by a recognized surveyor approved by the Sellers. The claim, if any, shall be lodged with in xx days after arrival of the cargo at the port of destination.
Shipping weight and quality to be certified by and subject to the inspection certificate issued by modity Inspection Bureau.
Quality/Quantity Discrepancy and Claim: In case the quality and /or quantity / weight are found by the Buyers to be not in conformity with the Contract after arrival of the goods at the port of destination, the Buyers may lodge claim with the Sellers supported by survey report issued by an anization agreed upon by both parties, with the exception, however, of those claims for which the pany and / or the pany are to be held responsible. Claim for quality discrepancy should be filed by the Buyers within 30 days after arrival of the goods at the port of destination, while for quantity / weight discrepancy claim should be filed by the Buyers within 15 days after arrival of the goods at the port of destination. The Sellers shall, within 30 days after receipt of the notification of the claim, send reply to the Buyers.
商品检验的作用
是商品买卖的一个重要环节,也是买卖合同中的一项重要条款
各国法律的相关规定
--我国
--英国《1893货物买卖法案》(1979年修订):买方在没有合理机会检验货物之前,不能认为他明示地通知卖方他已接受货物
--《联合国国际货物销售合同公约》(38条):买方必须在按实际情况可行的最短时间内检验货物或由他人检验货物。如果合同涉及到货物运输,检验可推迟到货物到达目的地后进行
共同的原则: