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ใครก้อได้รบกวนช่วยแปลให้หน่อยค่ะ สง่มาที่ atitaboo@gmail.com
6.DELAYED PAYMENT AND OWNERSHIP OF THE GOODS (a) If the buyer delays payment, each time it becomes due the seller shall be entitled to interest on such sum at a rate of five per cent (5%) above the official discount rate or the official minimum lending rate as appropriate to the country of the buyer. When the price is payable in a currency other than that of the sellers country, the seller is also entitled to compensation if the rate of exchange is less favourable to him on the day of delayed payment than it was on the last day when payment was due.
(b) If the buyer is in default of payment and the delay is not attributable to errors by transferring banks, the seller has the right to cancel the contract with effect fourteen (14) days after giving notice if the payment has then still not reached him. In the case of instalment contracts such cancellation applies to the balance of the contract including or not including, as the seller so elects, the shipment for which the buyer is in default of payment.
(c.) Delivered pulp shall to the extent permitted by the law of the buyers country remain the property of the seller until the whole sum payable under the contract is paid. The ownership of the pulp includes the right to the goods as delivered or adapted and the right to the receivables which the buyer may have acquired from disposing of the pulp or products made thereof.
(d) Should the buyer default in making any payment under the terms of the contract, the seller shall have the right to withhold deliveries until payment upon giving notice to that effect to the buyer.
(e) Should the buyer or the seller become insolvent or go into liquidation or have a receiver appointed or otherwise be found to be in such financial position that it may be reasonably be assumed that he will not be able to fulfil his obligations, the other party shall have the right to cancel the contract if the first party has not within ten (10) days after giving notice furnished a satisfactory guarantee for his fulfilment of the contract.
7.LIMITATION OF DAMAGES (a) If the pulp delivered is found lacking in quality and a rejection of the faulty pulp is agreed or awarded by arbitration, the seller is under the obligation without undue delay to replace the faulty pulp at his own expense and reimburse the expenses the buyer may have incurred in receiving, storing and reloading the faulty pulp but is not otherwise liable to pay compensation or damages of any kind because of the defect. When there is a lack of quantity or a defect in quality, which is not causing rejection, the buyer pays only for the delivered pulp or for the reduced valued, respectively, or the faulty pulp and shall not otherwise be compensated and is not entitled to damages.
(b) When either party is liable for damages to the other, these shall not exceed the loss which the party in fault could reasonably have foreseen at the time of the conclusion of the contract nor include consequential damages.
(c.) If one party alleges a breach of contract by the other party, he must take all necessary measures it mitigate the loss resulting from the breach, provided that and in so far as he can do so without unreasonable inconvenience or cost. If he fails to take such measures, the party in breach may claim a reduction in the damages.
8.RELIEFS (force majeure) (a) The following shall be considered as cases of relief if they intervene after the conclusion of the contract or when they have occurred before that time, if their effects where not clearly foreseeable before the conclusion and they prevent, hinder or delay the buyers production or acceptance of the pulp or the sellers production or delivery agreed means of pulp, viz.:war; war risk; insurrection; blockade; requisition; embardo; calling up of personnel for military service; currency restrictions; export or import prohibitions or restrictions; restrictions in the use of power, labour conflicts; general shortage of personnel, transport and materials; water shortage; fire; flood; storm; obstruction of railways; obstruction of navigation by ice at port of shipment; loss or detention at sea, non delivery, faulty or delayed delivery by the sellers suppliers of raw material and other commodities for the production and any other circumstances beyond the control of the parties.
(b) The buyer or the seller, as the case may be, may suspend performance under this contract on the grounds of relief neither party being responsible to the other party for any damage resulting from such suspension.
Shipment in transit from sellers mills must, however, always be accepted by the buyer.
(c.) In the event of suspension of performance for less than twenty (20) consecutive days, shipments shall be resumed as soon as practicable for the full contract quantity. When such suspension shall have continued for a period of twenty (20) days or more, the shipment omitted during the period of suspension can be cancelled without liability to either party, and subsequent shipments shall be resumed thereafter according to contract.
(d) The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing, by telex or by cable without delay on the occurrence of the intervention and on the cessation thereof and, as soon as practicable, notify the other party to what extent the claim will necessitate a suspension.
9.DELAYED SHIPMENT CAUSED BY LATE ARRIVAL OF SHIP Notwithstanding anything contained herein, in the event of a vessel which has been chartered in accordance with the terms hereof being delayed in arriving at the port of loading for a period not exceeding twenty one (21) days after the expiry of the time of shipment provided by this contract, such delay shall not be itself constitute a cause for refusing to ship or take delivery of the relevant shipment or for claiming damages.
10.INCREASED COSTS Should there after the conclusion of the contract occur a substantial increase of not less than ten per cent (10%) of the total cost for the production and the transportation of pulp, the seller shall have the right to demand a renegotiation of the price in respect of quantities due for shipment thirty (30) days after notice of renegotiation has been served in order to obtain reimbursement for his increased costs as long as these continue. If agreement cannot be reached within these thirty (30) days, the seller may cancel the undelivered part of the contracted quantity.
11.CLAIMS All claims must be made in writing, by fax within thirty (30) days (except claims for payment of the invoice) after the discharge of the goods at the place of destination. No claims sent after that time shall be recognised.
12.SHIPMENTS Each shipment under this contract shall be considered as a separate contract and default on one or more shipments shall not invalidate the balance of the contract except as herein otherwise provided. The present clause does not, however, affect the applicability of the clauses 3 and 10 above.
13.APPLICABLE LAW The contract and the legal relations between the buyer and the seller shall be governed by the law of the country of the seller.
14.ARBITRATION All disputes arising in connection with the present contract shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the Rules
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atitaboo (ATITAPAPYRUS) 
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26 มี.ค. 55 17:04:16
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