检验索赔与定金罚则介绍.ppt

（2）装运港检验，目的港买方复验 It is mutually agreed that the Certificate of Quality and Quantity/Weight issued by ×× surveyor at the port of shipment shall be part of the documents to be presented for negotiation under the relevant L/C. The Buyer shall have the right to re-inspect the Quality and Quantity/Weight of the cargo. The re-inspection fee shall be borne by the Buyer. Should the Quality and Quantity/ Weight be found not in conformity with that of the contract, the Buyer are entilled to lodge with the Seller a claim which should be supported by survey reports issued be a recognized surveyor approved by the Sellers. The claim, if any, shall be lodged within ××days after arrival of the cargo at the port of destination. 买卖双方同意以装运港××检验机构签发的品质和数量/重量检验证书作为信用证项下议付所提交的单据的一部分，买方有权对货物的品质和数量/重量进行复验，复验费由买方承担。如发现品质和数量/重量与合同不符，买方有权向卖方索赔，但须提供经卖方同意的公证机构出具的检验报告，索赔期限为货到目的港后××天内。 （3）进口合同中的检验条款 It is mutually agreed that the Certificate of Quality and Quantity/Weight issued by the Manufacture(or×× surveyor) shall be part of the documents to be for payment under the relevant L/C. In case the Quality and Quantity/Weight of the goods be found not in conformity with those stipulated in this contract after re-inspection by the China Quality Supervision and Inspection and Quarantine Bureau within ×× days after arrival of the goods at the port of destination, the Buyers shall return the goods to or lodge claims against the Sellers for compensation of losses upon the strength of this claim for which the insurers or the carriers are liable. All expenses (including inspection fees) and losses arising from the return of the goods or claim should be borne by the Sellers. In such cases, the Buyers may, if so requested, send a sample of the goods in question to the Sellers, provided that the sampling is feasibel. 案例 1988年前后，我某外贸公司与当时民主德国签订了出口半漂布合同。根据中德贸易协定规定，凡我从对方进口货物，均按德方标准进行验收，我出口到对方的货物则按我国家标准进行验收。但是这批出口半漂布合同的品质条款规定“交货品质为一等品”，未说明一等品的含义。合同还规定：“每100米允许10个疵点，每个疵点无偿让码10厘米。”同时，还列出了近20个疵点的名称。由于合同品质规定实际是要求