如买方所订船只到达装港后,卖方不能按买方所通知的时间如期装船时,则空舱费及滞

题库2022-08-02  35

问题   如买方所订船只到达装港后,卖方不能按买方所通知的时间如期装船时,则空舱费及滞期费等一切费用和后果均由卖方负担。如船只因临时撤换、延期或退关等情况而未能及时通知卖方停止发货者,在装港发生的栈租及保险费损失的计算,应以代理通知之装船日期(如货物晚于船代理通知之装船日期抵达装港,应以货物抵港日期)为准,在港口免费堆存期满后第16天起应由买方负担,除人力不可抗拒的情况外。但卖方仍负有载货船只到达装港后立即将货物装船之义务并担负费用及风险。前述各有关费用均凭原始单据核实支付。

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解析 Should the Sellers fail to load the goods within the time as notified by the Buyers, on board the vessel booked by the Buyers after its arrival at the port of shipment, all expenses such as dead freight, demurrage, etc., and consequences thereof shall be borne by the Sellers. Should the vessel be withdrawn or replaced or delayed eventually or the cargo be shut out etc., and the Sellers are not informed in good time to stop delivery, the calculation of loss for storage expenses and insurance premium thus sustained at the loading port shall be based on the loading date notified by the agent to the Sellers (or based on the date of the arrival of the cargo at the loading port in case the cargo should arrive there later than the notified loading date). The above-mentioned loss to be calculated from the 16th day after expiry of the free storage time at port shall be borne by the Buyers with the exception of Force Majeure. However, the Sellers shall undertake to load the cargo immediately upon the carrying vessel's arrival at the loading port at their own risks and expenses. The payment of the aforesaid expenses shall be effected against presentation of the original vouchers after being checked.
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