合同中的检验条款
在买卖合同中,检验条款通常是这样规定的:
“It is mutually agreed that the Inspection Certificate of quality and quantity(weight)issued by China customs at the port of shipment shall be part of the documents to be presented for negotiation under the relevant L/C.The buyers shall have the right to reinspect the quality and quantity(weight)of the cargo.The reinspection 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 within××days after arrival of the cargo at the port of destination.”
“双方同意在装运港由中国海关签发的品质和数(重)量检验证书作为信用证项下议付单据的一部分。买方有权对货物的品质、数(重)量进行复验。复验费由买方负担。如发现品质和/或数(重)量与合同不符,买方有权向卖方索赔。索赔期限为货到目的港
天内”。
另外,在进口贸易中,作为买方,进口合同要特别慎重,既要贯彻平等互利的原则,又要熟悉和了解有关的国际惯例,采取灵活做法,避免在经济上遭到损失。进口合同中的检验条款通常做如下规定:
“Inspection:It is mutually agreed that the Certificate of quality and quantity or weight issued by the Manufacturer(or×××surveyor)shall be part of the documents for payment under the relevant L/C.However,the inspection of quality and quantity or weight shall be made in accordance with the following:(https://www.daowen.com)
In case the quality,quantity or weight of the goods be found not in conformity with those stipulated in this Contract after reinspection by China customs 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 Inspection Certificate issued by the said customs.With the exception of this claims for which the insurers or the carriers are liable.All expenses(including insurers fees)and losses arising from the return of the goods or claims should be borne by the sellers.In such case the buyers may,if so requested,send a sample of the goods in question to the sellers provided that the sampling is feasible.”
“商品检验:双方同意以制造厂出具的品质及数量或重量证明书作为有关信用证项下付款的单据之一。但是,货物的品质及数量或重量检验应按下列规定办理:
货到目的港
天内,经中国海关复验,如发现品质或数量或重量与本合同规定不符时,除属保险公司或船公司负责者外,买方凭中国海关出具的检验证明书,向卖方提出退货或索赔。所有因退货或索赔引起的一切费用(包括检验费)及损失,均由卖方负担。在此情况下,凡货物适于抽样者,买方可应卖方要求,将货物的样品寄交卖方。”