4. Obligations and claims:
4.1 B on the actual carrier, the B subsidiaries, branches and clients, servants and agents act jointly and severally liable.
4.2 B in cargo packaging of goods should be carried out before the test, if the packaging does not meet the transport requirements, Party B shall immediately notify and assist Party A to take remedial measures. If Party A or Party B without notifying Party has been notified but did not obtain Party A consent to transport, Party B shall indemnify Party A for any direct loss it suffered.
4.3 Party B shall make good the responsibility of the manager cargo. Delivery of the goods from the beginning to the Party B the goods transported to the destination appointed by Party A process Zhong occurred any loss, damage, damage, omission or delay Jiaofuyiji other damage the Qing Xing, B take the following measures:
(A) immediately notify the Party;
(B) adjusted to the requirements under the Party transport arrangements or related documents; actively assist the Party or the Party to claim for loss of insurers (such as in airline cargo damage report issued by Party B shall in imports of goods 14 days on behalf of the Party claims to the airlines for the goods of all required documents)
(C) or under the provisions of 4.7 is liable for damages.
4.4 If delay in delivery of goods due to force majeure, Party B according to the degree of force majeure to reduce damages. If delay in delivery of goods is the fault of Party B or the actual carrier caused by Party B will bear a result, an interim storage fees for goods and temporary storage costs, compensation for actual economic loss to the Party, and remove the delay in delivery on the part of Party obligation to pay freight costs. Delay in delivery of the goods on the goods not specified in the Party of time or not delivered at the Party within a reasonable time specified destination.
4.5 the goods arrive at the designated destination Party, Party B shall promptly notify the consignee to receive the goods, because B did not promptly notify the occurrence of a temporary custodian fees and other possible costs borne by the Party.
4.6 Party A or its designated consignee in taking delivery of goods should be detailed examination of the appearance and packaging, if any, exceptions should be indicated on a single receipt.
When the receipt was not found, but was receiving up to 90 days after the date of discovery of loss, even if not indicated on the receipt single exception, if they can prove that you are receiving before the cargo is in B occurred during the management of Party A Party B is still able to claim.
4.7 B of goods in the period under the management of any loss, damage, damage, omission or delay in transit, and other damage cases, Party B shall be calculated following the standard compensation for the higher Party:
4.7.1 Party A in respect of the loss can not receive payment from the insurance company's part, Party B shall indemnify Party A;
4.7.2 International transport parts: compensation for air transportation in accordance with the 17SDR/KG, sea, or in accordance with 666.67SDR/UNIT 2SDR/KG the higher compensation;
4.7.3 domestic transportation part: According to the "Civil Code", "Contract Law" and other relevant legal requirements for compensation.
4.7.4 The two sides agreed that Party B intent, gross negligence leading to loss Party, Party B shall not claim the above limitation of liability, Party A Party B agreed to pay all the direct result of the loss suffered.
5. Insurance Terms
5.1 The parties shall be insured at their own expense the insurance required by this Agreement.
5.2 Party B shall pay costs of liability insurance carrier, the total insured amount for each accident not less than RMB5, 000,000.00. Party self-insured cargo insurance.
5.3 Unless otherwise provided by law or this Agreement, Party B shall own expense insurance third party liability insurance, insurance for each accident not less than the total amount of RMB5, 000,000.00.
5.4 Party B shall, before the effective date of this Agreement, provide Party to prove the performance of its insurance obligations.
同志、,加分
4. Obligations and claims: 4.1 B on the actual carrier, B subsidiaries, branches and clients, servants and agents of behavior bear joint liability. 4.2 B in cargo packaging of goods should be carried out before the test, if the packaging does not meet the transport requirements, Party B shall immediately notify and assist Party A to take remedial measures. If Party A or Party B without notifying Party has been notified but did not obtain Party A consent to transport, Party B shall indemnify Party A for any direct loss it suffered. 4.3 Party B shall make good the responsibility of the manager cargo. From B to B will begin delivery of the goods carriage of goods to the named place of destination Party throughout the process, any loss, damage, damage, omission or delay in delivery, and other damage cases, Party B shall take the following measures: ( a) immediately notify the Party; (b) adjusted to the requirements under the Party transport arrangements or related documents; actively assist the Party or the Party to claim for loss of insurers (such as in airline cargo damage report issued by Party B shall be obligations on the import of goods on behalf of the Party to the airlines 14 days to apply for the goods of all relevant documents required for claim) (c) or under the provisions of 4.7 is liable for damages. 4.4 If delay in delivery of goods due to force majeure, Party B according to the degree of force majeure to reduce damages. If delay in delivery of goods is the fault of Party B or the actual carrier caused by Party B will bear a result, an interim storage fees for goods and temporary storage costs, compensation for actual economic loss to the Party, and remove the delay in delivery on the part of Party obligation to pay freight costs. Delay in delivery of the goods on the goods not specified in the Party of time or not delivered at the Party within a reasonable time specified destination. 4.5 the goods arrive at the designated destination Party, Party B shall promptly notify the consignee to receive the goods, because B did not promptly notify the occurrence of temporary storage fee and other possible costs borne by the Party. 4.6 Party A or its designated consignee in taking delivery of goods should be detailed examination of the appearance and packaging, if any, exceptions should be indicated on a single receipt. When the receipt was not found, but was receiving up to 90 days after the date of discovery of loss, even if not indicated on the GRN exception, to prove that he was receiving before the cargo is in B occurred during the management of Party A Party B is still able to claim. 4.7 B of goods in the period under the administration of any loss, damage, damage, omission or delay in transit, and other damage cases, Party B shall be the following standard results in higher compensation Party: 4.7. a Party in respect of the loss can not receive payment from the insurance company's part, Party B shall indemnify Party A; 4.7.2 International Transport section: Air accordance 17SDR/KG compensation, sea or 2SDR/KG in accordance with 666.67SDR/UNIT higher compensation; 4.7.3 domestic transportation part: According to the "Civil Code", "Contract Law" and other relevant legal requirements for compensation. 4.7.4 The two sides agreed that Party B intent, gross negligence leading to loss Party, Party B shall not claim the above limitation of liability, Party A Party B agreed to pay all the direct result of the loss suffered. 5. Insurance Terms 5.1 The parties shall be insured at their own expense the insurance required by this Agreement. 5.2 Party B shall pay costs of liability insurance carrier, the total insured amount for each accident not less than RMB5, 000,000.00. Party self-insured cargo insurance. 5.3 Unless the Act or as otherwise provided in this Agreement, Party B shall be third party liability insurance coverage at their own expense, insured the total amount of not less than one accident RMB5, 000,000.00. 5.4 Party B shall take effect prior to this agreement, provide to Party carry proof of insurance obligations.
4 obligations and claim:
Party b to the actual carrier, 4.1 party branch and the trustor, affiliates, and agents employed people act shall be jointly and severally liable.
B in the transport of goods 4.2 before packing goods inspection shall be carried out if packing does not conform to the transportation requirement, party b shall promptly notify and assist party a to take remedial measures. If party b fails to notify party a or party b shall inform party a has already but not under the condition of party a agrees to transport, party b shall indemnify party a accordingly by all direct loss.
Party b shall 4.3 kindhearted administrator responsibility transport goods. The party b shall begin to collect goods transport of goods to a designated destination throughout the process of any loss, damage, damaged, missing or delay in delivery and other damage situation, party b shall take the following measures:
(a) immediately notify party a,
(b) according to the requirements of party a or the relevant documents adjust transport arrangements, Actively assist party a or party a claim for the loss (e.g. in airlines will report issued by shipping goods damaged, party b shall have the obligation to import the goods within 14 days for a direction for cargo airline about all the documents needed to claim),
(c), or 4.7 regulation according to assume liability for damages.
If the delay in delivery of the goods is 4.4 caused by force majeure, party b according to the degree of force majeure reduce liability for damages. If the goods are delivered by party b or delay caused by the fault of the carrier, party b should therefore occurs due to the goods and the temporary storge, temporary and actual economic compensation to party a, party a shall be exempted from loss, and the delay in delivery of the goods transportation expenses partial payment obligation. Delay in delivery of the goods in the party failed goods refers to the specified time, or not within a reasonable time to a destination.
The arrival of the goods at the destination party 45,000, party b shall promptly notify the consignee fails to receive goods promptly notify party, because of temporary preservation and other costs may be borne by party b.
4.6 party a or its designated by the consignee to accept goods should be detailed packing, the goods are inspected and if any abnormal in charge shall be marked on invoice.
这么重要的合同翻译,最好是找我们美东旭翻译才行呢~
4. 义务与索赔:
4.1乙方对实际承运人、乙方子公司、分公司及委托人、受雇人及代理人之行为承担连带责任。
4.2乙方在运输货物之前应进行货物外包装检验,若外包装不符合运输要求,乙方应立即书面通知甲方并协助甲方采取补救措施。若乙方未通知甲方或已通知甲方但未取得甲方同意的情况下进行运输,乙方应赔偿甲方因此所受之一切直接损失。
4.3乙方应尽善良管理人的责任运输货物。自乙方提取货物开始至乙方将货物运输至甲方指定目的地的整个过程中,发生任何的丢失、损害、损毁、遗漏或迟延交付以及其他损害的情形,乙方应采取以下措施:
(a) 立即通知甲方;
(b) 根据甲方的要求调整运输安排或者相关文件;积极协助甲方或甲方保险人进行损失索赔(如於航空公司就运输货物出具破损报告时,乙方有义务于货物进口十四天内代甲方向航空公司申请有关货物索赔所需之一切相关文件)
(c) 或根据4.7条规定承担损害赔偿责任。
4.4如果货物迟延交付是由于不可抗力造成的,乙方根据不可抗力的程度减少损害赔偿责任。如果货物迟延交付是由乙方或实际承运人的过错造成的,乙方应承担因此发生的货物临时保管费及临时仓储费,并向甲方赔偿实际经济损失,并且免除甲方就迟延交付部分货物运输费用的付款义务。货物迟延交付是指货物未能在甲方指定的时间或者未能在合理的时间内送达甲方指定目的地。
4.5 货物到达甲方指定目的地后,乙方应及时通知收货人接收货物,由于乙方未及时通知发生的临时保管费及其他可能费用由乙方承担。
4.6 甲方或其指定的收货人于受领货物时应详细检查货物外观及包装,如有任何异常应于 收货单上注明。
在收货时未发现,但於收货日之后最长90天内发现的损失,即使未在收货单上注明异常,如果能证明是在收货前货物处于乙方管理的期间内发生的,甲方仍得以向乙方索赔。
4.7在货物处于乙方管理下的期间内发生任何的丢失、损害、损毁、遗漏或者运输迟延以及其他损害的情形下,乙方应按下列标准计算结果中的较高者赔偿甲方:
4.7.1甲方就该损失不能从保险公司获得赔付的部分,乙方应当负责赔偿甲方;
4.7.2国际运输部分:空运按照17SDR/KG进行赔偿,海运按照666.67SDR/UNIT或者是2SDR/KG中较高者进行赔偿;
4.7.3国内运输部分:按照《民法通则》《合同法》及其他相关法律规定进行赔偿。
4.7.4双方同意,因乙方故意、重大过失导致甲方遭受损失,乙方不得主张上述责任限制,乙方同意赔偿甲方因此所受之全部直接损失。
5. 保险条款
5.1 双方应自费投保本协议所要求的保险。
5.2 乙方应自付费用投保承运人责任险,投保总金额不低于每一事故RMB5,000,000.00。甲方自行投保货物运输险。
5.3 除非法令或本协议另有规定外,乙方应自费投保第三者责任险,投保总金额不低于每一事故RMB5,000,000.00。
5.4 乙方应于本协议生效前,向甲方提供其履行投保义务之证明。
4. Obligations and claims:
4.1 B on the actual carrier, the B subsidiaries, branches and clients, servants and agents act jointly and severally liable.
4.2 B in cargo packaging of goods should be carried out before the test, if the packaging does not meet the transport requirements, Party B shall immediately notify and assist Party A to take remedial measures. If Party A or Party B without notifying Party has been notified but did not obtain Party A consent to transport, Party B shall indemnify Party A for any direct loss it suffered.
4.3 Party B shall make good the responsibility of the manager cargo. From B to B will begin delivery of the goods carriage of goods to the named place of destination Party throughout the process, any loss, damage, damage, omission or delay in delivery, and other damage cases, Party B shall take the following measures:
(A) immediately notify the Party;
(B) adjusted to the requirements under the Party transport arrangements or related documents; actively assist the Party or the Party to claim for loss of insurers (such as in airline cargo damage report issued by Party B shall in imports of goods 14 days on behalf of the Party claims to the airlines for the goods of all required documents)
(C) or under the provisions of 4.7 is liable for damages.
4.4 If delay in delivery of goods due to force majeure, Party B according to the degree of force majeure to reduce damages. If delay in delivery of goods is the fault of Party B or the actual carrier caused by Party B will bear a result, an interim storage fees for goods and temporary storage costs, compensation for actual economic loss to the Party, and remove the delay in delivery on the part of Party obligation to pay freight costs. Delay in delivery of the goods on the goods not specified in the Party of time or not delivered at the Party within a reasonable time specified destination.
4.5 Party designated goods arrive at their destination, Party B shall promptly notify the consignee to receive the goods, because B did not promptly notify the occurrence of temporary storage fee and other possible costs borne by the Party.
4.6 Party or the designated consignee in taking delivery of goods should be detailed examination of the appearance and packaging, if any, exceptions should be indicated on a single receipt.
When the receipt was not found, but was receiving up to 90 days after the date of discovery of loss, even if not indicated on the receipt single exception, if they can prove that you are receiving before the cargo is in B occurred during the management of Party A Party B is still able to claim.
4.7 B of goods in the period under the management of any loss, damage, damage, omission or delay in transit, and other damage cases, Party B shall be calculated following the standard compensation for the higher Party:
4.7.1 Party A in respect of the loss can not receive payment from the insurance company's part, Party B shall indemnify Party A;
4.7.2 International transport parts: compensation for air transportation in accordance with the 17SDR/KG, sea, or in accordance with 666.67SDR/UNIT 2SDR/KG the higher compensation;
4.7.3 domestic transportation part: According to the "Civil Code", "Contract Law" and other relevant legal requirements for compensation.
4.7.4 The two sides agreed that Party B intent, gross negligence leading to loss Party, Party B shall not claim the above limitation of liability, Party A Party B agreed to pay all the direct result of the loss suffered.
5. Insurance Terms
5.1 The parties shall be insured at their own expense the insurance required by this Agreement.
5.2 Party B shall pay costs of liability insurance carrier, the total insured amount for each accident not less than RMB5, 000,000.00. Party self-insured cargo insurance.
5.3 Unless otherwise provided by law or this Agreement, Party B shall own expense insurance third party liability insurance, insurance for each accident not less than the total amount of RMB5, 000,000.00.
5.4 Party B shall, before the effective date of this Agreement, provide Party to prove the performance of its insurance obligations.